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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d).
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 09/10/2024 and 11/18/2025 was filed on or after the mailing date of the Application. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Specification
The abstract of the disclosure is objected to because of the inclusion of additional elements not relating to the abstract, such as an improper title, and the general inclusion of a page number, line numbers, a serial number and “(Figure 2)”. The abstract should only commence under the heading “Abstract” or “Abstract of the Disclosure” as outlined in 37 C.F.R 1.72. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Claim Objections
Claim 7 objected to because of the following informalities:
The recitation “…said control circuitry being configure to compare said changes…” appears to contain a typographical error. Appropriate correction is required.
Claim 12 objected to because of the following informalities:
The recitation “…said control circuitry being configure to compare said changes…” appears to contain a typographical error. Appropriate correction is required.
Claim 15 objected to because of the following informalities:
The recitation “…controling said temperature controller…controling said temperature and pressure” appears to contain a typographical error. Appropriate correction is required.
While not improper, the Examiner may also recommend replacing instances of “analyse” and “analysing” throughout the claims, with the standard U.S. spelling “analyze” and “analyzing”.
Claim 8 is objected to because the claim form and arrangement does not comply with the form and arrangement guidelines as set out in MPEP 608.01(n) III-IV, wherein a dependent claim should first declare the preceding claim from which it depends, then continuing to specify a further limitation. Appropriate correction is required.
For example, to overcome the Objection, the claim may be rewritten in a similar form as follows:
“The refrigerant testing device according to claim 1, disposed within a refrigeration system, the refrigeration system comprising:…”
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:
Inlet flow control device in at least claim 1
Outlet flow control device in at least claim 1
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.
A review of the specification show 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:
An inlet flow control device appears to be described as a valve in at least ¶ [0059] of the specification.
An outlet flow control device appears to be described as a valve in at least ¶ [0059] of the specification.
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 § 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 and 16-17 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 temperature controller for controlling a temperature of said refrigerant within said container…,” renders the claim unclear. For example, it is unclear as to what structure performs the recited function. MPEP 2173.05(g) requires the particular structure, materials or steps that accomplish a function be recited to indicate the scope of the subject matter claimed. Specifically, while the structure of a ‘controller’ is generally understood, it is unclear as to what structure the controller utilizes to motivate the temperature change. Therefore, the claim and all claims depending therefrom are indefinite and are rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Regarding Claim 1, the recitation of “...and to indicate an error where said measured pressure and temperature values differ from said reference values by more than a predetermined amount …,” renders the claim unclear. For example, it is unclear as to what structure performs the recited function. MPEP 2173.05(g) requires the particular structure, materials or steps that accomplish a function be recited to indicate the scope of the subject matter claimed. Specifically, it is unclear as to what structure the analysing circuitry may utilize to indicate an error. Therefore, the claim and all claims depending therefrom are indefinite and are rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Regarding Claim 5, the recitation of “...to determine from said signals received and from previously measured pressure and temperature values expected pressure and temperature values …,” renders the claim unclear. Specifically, it is unclear to the Examiner just what an “expected value” is, or how the analyzing circuitry may determine said expected value. Paragraph ¶ [0025] of the specification merely states that expected pressure and temperature values are derived from measured pressure and temperature values, however no further text could be found in the specification explaining how the expected values are derived or what relation exists (i.e. how to achieve the derivation). This distinction makes the claims difficult to interpret because it is unclear what an expected value is, therefore any comparison with any prior art appears to only require the controller to arrive at some generic/arbitrary value determined from real sensor values. Without further clarity to the claim, the cited claim language may be interpreted as an abstract idea, relating to a mental process. Mental processes are defined as concepts performable by humans such as observations, evaluations, judgements, and opinions (i.e. determining). Merely deriving one value from another as a statement may not appear to amount to anything more than a mental process, without knowing the intricacies and significance of the control circuitry’s involvement/requirement to arrive at said estimated values for proper application. Therefore, the claim and all claims depending therefrom are indefinite and are rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Regarding Claim 13, the recitation of “…a first inlet to a first container…and a second inlet to a second container…” renders the claims unclear. Specifically, dependent claim 12, has already disclosed “…two or more containers each comprising an inlet…”. Therefore, it is unclear if the new instance of the containers and inlets are referring to the previously disclosed elements, or if they are entirely new elements. Applicant should either fix antecedent basis issues for clarity, or Applicant should further name the elements to meet the minimum requirements for clarity and precision. Accordingly, the claim and all claims depending therefrom are indefinite and are rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
For the purposes of examination, the limitation(s) will be interpreted as – the first inlet to the first container – and – the second inlet to the second container –
Regarding Claim 16, the recitation of “…a refrigeration system…” renders the claims unclear. Specifically, independent claim 15, has already disclosed “…a refrigeration system…”. Therefore, it is unclear if the new instance of the refrigeration system is referring to the previously disclosed elements, or if they are entirely new elements. Applicant should either fix antecedent basis issues for clarity, or Applicant should further name the elements to meet the minimum requirements for clarity and precision. Accordingly, the claim and all claims depending therefrom are indefinite and are rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
For the purposes of examination, the limitation(s) will be interpreted as – the refrigeration system–
Regarding Claim 16, the recitation of “…a container…” renders the claims unclear. Specifically, independent claim 15, has already disclosed “…a container…”. Therefore, it is unclear if the new instance term is referring to the previously disclosed elements, or if they are entirely new elements. Applicant should either fix antecedent basis issues for clarity, or Applicant should further name the elements to meet the minimum requirements for clarity and precision. Accordingly, the claim and all claims depending therefrom are indefinite and are rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
For the purposes of examination, the limitation(s) will be interpreted as – the container–
Regarding Claim 17, the recitation of “…prior to testing said refrigerant…performing said method for testing said refrigerant…” renders the claim unclear. Specifically, it is unclear how precisely the method for testing refrigerant may be performed prior to testing the refrigerant. In other words, the claim is understood to be read along the lines of, “Prior to step A, perform step A”. Thus, the claims appears contradictory and the scope of protection sought by the claim is unclear to the Examiner, making examination difficult without undo importation of meaning from the Examiner. Accordingly, the claim and all claims depending therefrom are indefinite and are rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 4 and 15-17 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Manz (US 5,392,639).
Regarding Claim 1, Manz teaches a refrigerant testing device [10; Figs. 1-5] for testing refrigerant diverted from a refrigeration system [Col. 3, 54 – Col. 6, line 58], said refrigerant testing device comprising:
a container [12], said container comprising an inlet [14] for receiving said refrigerant from said refrigeration system [at least refrigerant storage tank 44] and an outlet [20] for returning said refrigerant to said refrigeration system [see Fig. 4; refrigerant may flow from storage container 44 to holding vessel 68; Col. 6, 25-44];
an inlet flow control device [16] for opening and closing said inlet [Col. 3, 54 – Col. 4, 13]; and
an outlet flow control device [22] for opening and closing said outlet;
a temperature sensor [32] for sensing a temperature of said refrigerant within said container;
a pressure sensor [30] for sensing a pressure of said refrigerant within said container;
a temperature controller [at least 74, 28] for controlling a temperature of said refrigerant within said container [Col. 5, 54 – Col. 6, 24];
control circuitry [at least 28] configured to control said refrigerant testing device to test said refrigerant by:
controlling said inlet and outlet flow control devices to admit said refrigerant into said container and to isolate said refrigerant within said container [Col. 4; 54 – Col. 5, 7; valves 16 and 22 are operated such that refrigerant may flow from coupling 18 to container 12];
controlling said temperature controller to change a temperature of said refrigerant [Col. 6, 30-36; sleeve 74 in communication with 28 may heat or cool the refrigerant];
controlling said temperature and pressure sensors to measure said temperature and said pressure of said refrigerant as said temperature changes [Col. 6, 40-44; temperature and pressure sensors are utilized as endpoints for control]; and
analysing circuitry [at least combination of 28 and 38] configured to compare values of said measured temperature and pressure with reference values [Col. 4, 8-53; memory 38 provides a lookup table of various refrigerants to the controller 28 to compare with measured values]; and to indicate an error where said measured pressure and temperature values differ from said reference values by more than a predetermined amount [Col. 5, 8-25; display 40 may indicate compared values from the controller].
Regarding Claim 4, Manz teaches the refrigerant testing device according to claim 1 above and Manz teaches wherein said control circuitry is configured to control said refrigerant testing device to test said refrigerant periodically [A person of ordinary skill in the art would regard it as normal operation to perform operation of the device periodically].
Regarding Claim 15, Manz teaches a method of testing refrigerant within a refrigeration system [at least claim 1; also see Col. 5, 8-25], said method comprising:
diverting refrigerant from said refrigeration system [at least 44] to a container [12] [Col. 4, 63 – Col. 5, 1; vessel 44 may be any suitable refrigerant equipment device (i.e. a refrigeration circuit)];
changing a temperature of said refrigerant within said container [Col. 6, 30-36; sleeve 74 in communication with 28 may heat or cool the refrigerant];
measuring a pressure and temperature of said refrigerant as said temperature changes [Col. 6, 40-44; temperature and pressure sensors are utilized as endpoints for control];
comparing said measured pressure and temperature values with reference values [Col. 4, 8-53; memory 38 provides a lookup table of various refrigerants to the controller 28 to compare with measured values] and where said comparing indicates a difference between said measured values and said stored reference values of more than a predetermined amount, generating a warning indication [Col. 5, 8-25; display 40 may indicate compared values from the controller].
Regarding Claim 16, Manz teaches the method according to claim 15 above and Manz teaches comprising a first step of fitting a refrigerant testing device [10] to a refrigeration system [Col. 3, 54 – Col. 4, 13], said refrigerant testing device comprising:
a container [12], said container comprising an inlet [14] for receiving said refrigerant from said refrigeration system [at least refrigerant storage tank 44] and an outlet [20] for returning said refrigerant to said refrigeration system [see Fig. 4; refrigerant may flow from storage container 44 to holding vessel 68; Col. 6, 25-44];
an inlet flow control device [16] for opening and closing said inlet [Col. 3, 54 – Col. 4, 13]; and
an outlet flow control device [22] for opening and closing said outlet;
a temperature sensor [32] for sensing a temperature of said refrigerant within said container;
a pressure sensor [30] for sensing a pressure of said refrigerant within said container;
a temperature controller [at least 74, 28] for controlling a temperature of said refrigerant within said container;
control circuitry configured to control said refrigerant testing device to test said refrigerant by:
controlling said inlet and outlet flow control devices to admit said refrigerant into said container and to isolate said refrigerant within said container [Col. 5, 54 – Col. 6, 24];
controling said temperature controller to change a temperature of said refrigerant [Col. 6, 30-36; sleeve 74 in communication with 28 may heat or cool the refrigerant];
controling said temperature and pressure sensors to measure said temperature and said pressure of said refrigerant as said temperature changes [Col. 6, 40-44; temperature and pressure sensors are utilized as endpoints for control]; and
analysing circuitry [at least combination of 28 and 38] configured to compare values of said measured temperature and pressure with reference values [Col. 4, 8-53; memory 38 provides a lookup table of various refrigerants to the controller 28 to compare with measured values]; and to indicate an error where said measured pressure and temperature values differ from said reference values by more than a predetermined amount [Col. 5, 8-25; display 40 may indicate compared values from the controller].
Regarding Claim 17, Manz teaches the method according to claim 16 above and Mans teaches comprising prior to testing said refrigerant, generating said reference values by:
performing said method for testing said refrigerant a predetermined number of times and generating said reference values from said measured pressure and temperature values [¶ 0042; the controller tests the temperature of the refrigerant at least twice, at temperature detection means 32 and 33 within the determining device 20].
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.
Claims 2-3 and 8-14 are rejected under 35 U.S.C. 103 as being unpatentable over Manz as applied to claim 1 above, and further in view of Ishimura et al. (US 20150075194 A1, hereinafter “Ishimura”).
Regarding Claim 2, Manz teaches the refrigerant testing device according to claim 1 above and Manz teaches wherein said temperature controller being configured to control said temperature to change across a temperature range where at least one component of said mixed refrigerant changes between a liquid and a gaseous state [Col. 6, 25-58; thermoelectric sleeve 74 may heat or cool the refrigerant, thereby capable of switching between states].
Manz does not explicitly teach wherein said refrigerant testing device is configured to test a mixed refrigerant.
However, Ishimura teaches an air conditioning apparatus [100] comprising a composition detection circuit [20] configured to compute the composition of refrigerant components in a refrigerant mixture [¶ 0025-0029]. Ishimura teaches that systems utilizing zeotropic refrigerants (i.e. mixed refrigerants) provide enhanced operational efficiency and environmental considerations [¶ 0002], thereby providing a need for a means to detect refrigerant composition [¶ 0025]. One of ordinary skill in the art could have applied a known technique to a known device (i.e. utilize mixed refrigerant) and that in combination, the technique would improve the known device in a similar manner, and one of ordinary skills would have recognized that the results of the combination were predictable i.e. providing a means to determine/obtain the best possible operational efficiency of a system using multiple refrigerants (i.e. a detection circuit) provides a means to save energy, thus improving the system [¶ 0007].
Therefore, it is a simple mechanical expedient that would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the assembly of Manz to have wherein said refrigerant testing device is configured to test a mixed refrigerant, in view of the teachings of Ishimura where applying a known technique to a known device with no change in their respective function would improve the known device in a similar manner and the combination would have yielded predictable results i.e. systems utilizing zeotropic refrigerants (i.e. mixed refrigerants with a means to detect) provide enhanced operational efficiency and environmental considerations; therefore, providing a means to determine/obtain the best possible operational efficiency of a system using multiple refrigerants (i.e. a detection circuit) provides a means to save energy, thus improving the system.
Regarding Claim 3, Manz, as modified, teaches the refrigerant testing device according to claim 2 above and Manz teaches wherein said analysing circuitry is configured to analyse said changes in pressure at different temperatures and to determine information regarding a composition of said mixed refrigerant from said changes [¶ 0041-0042; Figs. 4-5; at least flow chart in Fig. 5 for computing the composition of a refrigerant comprises measuring at least T1, T2, P1, and P2 on repeat until determination of enthalpy is reached].
Regarding Claim 8, Manz teaches the refrigerant testing device according to claim 1 above, and while Manz generally discloses an inlet hose [56], an outlet hose [64] [Figs. 3-4] and that the source and output of liquid refrigerant may be any number of other refrigerant devices (i.e. an evaporator, compressor or an entire refrigerant circuit) [Col. 4, 65 – Col. 5, 1], Manz does not explicitly disclose a refrigeration system comprising: a refrigerant supply line for supplying refrigerant to an evaporator; a refrigerant return line for returning refrigerant from said evaporator; a compressor for compressing refrigerant received from said return line.
However, Ishimura teaches an air conditioning apparatus [100] comprising a composition detection circuit [20] configured to compute the composition of refrigerant components in a refrigerant mixture [¶ 0025-0029]. The air conditioning apparatus comprises an evaporator [at least 50] [¶ 0034] in tandem with a refrigerant line [3] upstream and downstream of the evaporator, and is configured to circulate refrigerant to and from a compressor [10] and the detection unit [¶ 0025]. Ishimura teaches that systems utilizing zeotropic refrigerants (i.e. mixed refrigerants) provide enhanced operational efficiency and environmental considerations [¶ 0002, 0063], thereby providing a need for a means to detect refrigerant composition [¶ 0025]. One of ordinary skill in the art could have applied a known technique to a known device (i.e. utilize mixed refrigerants with a means to detect) and that in combination, the technique would improve the known device in a similar manner, and one of ordinary skills would have recognized that the results of the combination were predictable i.e. providing a means to determine/obtain the best possible operational efficiency of a system using multiple refrigerants (i.e. a detection circuit) provides a means to save energy, thus improving the system [¶ 0007].
Therefore, it is a simple mechanical expedient that would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the assembly of Manz to have a refrigeration system comprising: a refrigerant supply line for supplying refrigerant to an evaporator; a refrigerant return line for returning refrigerant from said evaporator; a compressor for compressing refrigerant received from said return line, in view of the teachings of Ishimura, where applying a known technique to a known device with no change in their respective function would improve the known device in a similar manner and the combination would have yielded predictable results i.e. providing a means to determine/obtain the best possible operational efficiency of a system using multiple refrigerants (i.e. a detection circuit) provides a means to save energy, thus improving the system.
Regarding Claim 9, Manz, as modified, teaches the refrigeration system according to claim 8 above and Ishimura teaches wherein said refrigerant testing device inlet [21] is coupled to said refrigerant supply line and said outlet [22] to said refrigerant return line [Figs. 1-2; ¶ 0025, 0034; inlet pipe 21 receives refrigerant from the downstream side of the compressor, the outlet pipe 22 provides refrigerant to the upstream of the compressor; apparent from inspection].
Regarding Claim 10, Manz, as modified, teaches the refrigeration system according to claim 8 above and Ishimura teaches wherein said control circuitry is configured to control said refrigerant testing device to perform an initial step of generating and storing said reference values for said refrigeration system [¶ 0042; Fig. 5; step A1, the controller detects at least T1, T2 and P2] by controlling said refrigerant testing device to test said refrigerant a predetermined number of times and to generate said reference values from said results [¶ 0042; the controller tests the temperature of the refrigerant at least twice, at temperature detection means 32 and 33 within the determining device 20].
Regarding Claim 11, Manz, as modified, teaches the refrigeration system according to claim 10 above and Ishimura teaches wherein initial step is performed for a plurality of different refrigeration system operating conditions or operating modes to generate a plurality of corresponding reference values [Figs. 2-3; ¶ 0033-0040; the system may operate in either a cooling operation condition [Fig. 2] or a heating operation condition [Fig. 3] wherein refrigerant flows through device 20 in both operations to receive data indicative of temperature and pressure, and is therefore capable of performing the initial step for different refrigeration systems/operating modes].
Regarding Claim 12, Manz, as modified, teaches the refrigeration system according to claim 10 above and Manz teaches where said control circuitry being configure to compare said changes in pressure and temperature with said reference values for said refrigerant in each of said containers [Col. 4, 8-53; memory 38 provides a lookup table of various refrigerants to the controller 28 to compare with measured values] and to indicate an error where said changes in pressure and temperature differ from said reference values by more than a predetermined amount in one or more of said container [Col. 5, 8-25; display 40 may indicate compared values from the controller].
While Manz discloses the system as comprising between a generic set of couplings [18, 66], linking the refrigerant testing device chamber [72] to respective refrigerant containers [44, 68], Manz does not explicitly disclose where said refrigerant testing device is a refrigerant testing device comprising two or more containers each comprising an inlet and outlet and corresponding inlet and outlet flow control devices, said inlets and outlets being configured for connection to different locations within said refrigeration system, and wherein said control circuitry is configured to control said refrigerant testing device to perform said initial step in both of said containers such that said reference values are generated and stored for each of said two or more containers.
However, it is noted that Manz describes a generic hookup system with couplings, wherein the source of the refrigerant may not be limited to a container, but any refrigerant equipment device [Col. 4, 63 – Col. 5, 1]. Since Manz has already generally described the structure and function of a single container with accompanying inlet/outlet control means, the inclusion of a second container comprising a second set of inlet and outlet flow control means may be considered an obvious design choice regarding a duplication of parts [MPEP 2144.04 VI.B]. Specifically, the inclusion of a second testing chamber, whose function is primarily similar to that already claimed, likely holds no patentable significance unless a new and unexpected result is produced. Upon review of the specification, no criticality could be found regarding the necessity of a second container, or any discussion of new and unexpected results achieved from said second container, outside of providing the obvious improvement of providing further data to the controller. The further limitations claiming said obvious improvements of providing additional data to the controller for said duplicated containers may not be considered patentably significant, as the recited function is an obvious improvement from the duplication of parts. Therefore, the duplication of parts is determined to likely improve the function of the device in a predictable manner.
Regarding Claim 13, Manz, as modified, teaches the refrigeration system according to claim 12 above and Ishimura teaches wherein said refrigeration system further comprises at least one phase separator [13] and at least one heat exchanger [12] [¶ 0022-0026; Ishimura discloses that accumulator 13 may receive many phases of refrigerant (gas, liquid and two-phase), but further specifies that only gaseous refrigerant exits the accumulator to be sucked in by the compressor, as it is also commonsensical in the art that introducing liquid state into a compressor degrades compressor efficiency and increases likelihood of wear] [¶ 0024; heat exchanger 12 may function as a condenser or an evaporator depending on the operation];
a first inlet [21] to a first container [20] being coupled to said refrigerant supply line at a first point [Fig. 1; apparent from inspection] and a second inlet to a second container being coupled to said refrigerant supply line at a second point [See claim 12 above discussing obvious design choice regarding a duplication of parts], said first and second points being separated by at least one of a phase separator and a heat exchanger [While a Ishimura does not explicitly disclose providing a second container at a different spot in the refrigeration circuit, when considering the obvious improvements for the duplication of parts, a skilled artisan would have recognized that the containers are typically positioned between critical refrigeration components on the refrigerant line (i.e. the compressor, the accumulator, the heat exchangers, etc.). Therefore, when there are a finite number of identified, predictable solutions, i.e. to position a second container: between the compressor and heat exchanger 50, between heat exchanger 50 and heat exchanger 12, or between heat exchanger 12 and accumulator 13, a person of ordinary skill has a good reason to pursue the known options within his or her technical grasp. If this leads to the anticipated success, i.e. providing further data points to operate the air conditioning apparatus efficiently on the basis of appropriate circulating composition [¶ 0005], it is likely the product is not of innovation but of ordinary skill and common sense. In that instance, the fact that a combination was obvious to try might show it was obvious under 35 U.S.C. 103 (KSR Int' l Co. v. Teleflex Incl, 127 S. Ct. 1727, 1742, 82 USPQ2d 1385, 1396 (2007))].
Therefore, it would have been obvious to one of ordinary skill in the art, at the time of the effective filing date of the claimed invention, to modify the combination of Manz and Ishimura, by trying to position a second inlet to a second container being coupled to said refrigerant supply line at a second point, said first and second points being separated by at least one of a phase separator and a heat exchanger, since choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success, is within the abilities of one having ordinary skill. See MPEP 2143(I)(E).
Regarding Claim 14, Manz, as modified, teaches the refrigeration system according to any one of claim 8 above and Ishimura teaches wherein said refrigerant of said refrigeration system comprises a mixed refrigerant [¶ 0021, 0098; the system may comprise of mixed refrigerants]
Claims 5-6 are rejected under 35 U.S.C. 103 as being unpatentable over Manz as applied to claim 1 above, and further in view of Eichenlaub (US 5,237,873 A, hereinafter “Eichenlaub”).
Regarding Claim 5, Manz teaches the refrigerant testing device according to any preceding claim 1,wherein
said analysing circuitry comprises a machine learning algorithm configured to analyse said measured pressure and temperature values and signals received from said refrigeration system indicative of its operation [Col. 3, 54 – Col. 4, 13; pressure sensor 30 and temperature sensor 32 provide electrical signals to controller 28 indicative of measured refrigerant values in the containment vessel, such that the controller may act on said values];
to determine from said signals received and from previously measured pressure and temperature values expected pressure and temperature values [Col. 5, 14 – 25; temperature and pressure readings are compared with data stored in the memory] [Also see 112(b) rejection above].
Manz does not explicitly teach to update said reference values with said expected pressure and temperature values.
However, Eichenlaub teaches a method of determining type of refrigerant [Figs. 1-6; also see Figs 2A-2B] comprising a sample chamber [60], an inlet device [15], an outlet device [18], a temperature measurement device [65] and a means to measure sonic velocity [transducers 62 and 63] [Col. 2, 33-58], also known as function of gas pressure [Col. 3, 65-68]. Eichenlaub further teaches a processing means [19] configured to at least execute the sequence of accepting refrigerant, taking measurements and exhausting the sample [Col. 4, 11-14]. Eichenlaub further teaches a self-calibration system wherein the control means measures a plurality of temperature values at a given sonic velocity (or pressure) such that each value measured may be later used for determination, such as ascertaining straight line fits with known refrigerant characteristics to determine an error in slope and offset which are then stored in memory of the processing means, such that corrected numbers may be used to ascertain the refrigerant in the chamber [Col. 4, 60 – Col. 5, 52]. Eichenlaub further teaches that the self-calibration system corrects for systematic errors caused by imprecision in dimensions and measurements while relaxing accuracy requirements of measurements devices [Col. 5, 53-63]. One of ordinary skill in the art could have applied a known technique to a known device (i.e. self-updating values) and that in combination, the technique would improve the known device in a similar manner, and one of ordinary skills would have recognized that the results of the combination were predictable i.e. self-calibration system corrects for systematic errors caused by imprecision in dimensions and measurements while also relaxing accuracy requirements of measurements devices [Col. 5, 53-63].
Therefore, it is a simple mechanical expedient that would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the assembly of Manz to update said reference values with said expected pressure and temperature values, in view of the teachings of Eichenlaub, where applying a known technique to a known device with no change in their respective function would improve the known device in a similar manner and the combination would have yielded predictable results i.e. self-calibration system corrects for systematic errors caused by imprecision in dimensions and measurements while also relaxing accuracy requirements of measurements devices.
Regarding Claim 6, Manz, as modified, teaches the refrigerant testing device according to claim 5 above and Eichenlaub teaches wherein said machine learning algorithm is configured to analyse said measured pressure and temperature values during an initial period following commencement of said refrigerant testing [Col. 4, 46-57] and to derive said expected pressure and temperature values from said analysed values [Col. 4, 46-57; temperature and pressure values are utilized to calculate the temperature coefficient of the sonic velocity, thereby enabling the identifying of refrigerants controls; see Col. 3, 1-48 and Figs. 5-6, wherein the relationships of sonic velocity and temperature may be graphed with known refrigerant compositions in order to determine and identify a number of different refrigerant in a single test sample].
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over an interpretation of Manz as applied to claim 1 above.
Regarding Claim 7, Manz teaches the refrigerant testing device according to any preceding claim 1 above and Manz teaches said control circuitry being configure to compare said changes in pressure and temperature with said reference values for said refrigerant in each of said containers [Col. 4, 8-53; memory 38 provides a lookup table of various refrigerants to the controller 28 to compare with measured values]; and to indicate an error where said changes in pressure and temperature differ from said reference values by more than a predetermined amount in one or more of said containers [Col. 5, 8-25; display 40 may indicate compared values from the controller].
While Manz discloses the system as comprising between a generic set of couplings [18, 66], linking the refrigerant testing device chamber [72] to respective refrigerant containers [44, 68], Manz does not explicitly disclose two or more containers each comprising an inlet and outlet and corresponding inlet and outlet flow control devices, said inlets and outlets being configured for connection to different locations within said refrigeration system.
However, it is noted that Manz describes a generic hookup system with couplings, wherein the source of the refrigerant may not be limited to a container, but any refrigerant equipment device [Col. 4, 63 – Col. 5, 1]. Since Manz has already generally described the structure and function of a single container with accompanying inlet/outlet control means, the inclusion of a second container comprising a second set of inlet and outlet flow control means may be considered an obvious design choice regarding a duplication of parts [MPEP 2144.04 VI.B]. Specifically, the inclusion of a second testing chamber, whose function is primarily similar to that already claimed, likely holds no patentable significance unless a new and unexpected result is produced. Upon review of the specification, no criticality could be found regarding the necessity of a second container, or any discussion of new and unexpected results achieved from said second container, outside of providing the obvious improvement of providing further data to the controller. Therefore, the duplication of parts is determined to likely improve the function of the device in a predictable manner.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Forshaw (US 20220170677 A1) discloses an apparatus for providing an HVAC system with a plurality of maintenance connections
Lord (WO 2021050707 A1) discloses a system of measuring refrigerant temperature and pressure in a plurality of containers at different locations in the system to determine refrigerant composition
Manz et al. (US 5,469,714) discloses a method and apparatus for analyzing refrigerant properties in a refrigeration system
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/KEITH STANLEY MYERS/Examiner, Art Unit 3763
/JERRY-DARYL FLETCHER/Supervisory Patent Examiner, Art Unit 3763
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