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 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: "a cross-section reducing element", in claims 1, 14 and 15; and “means of a spring element”, in claim 7.
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.
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.
The “cross-section reducing element” is sufficiently described in the specification as a valve (page 11, specification).
The “means of a spring element” is sufficiently described in the specification as a spring (page 18 and claim 7).
Claim Rejections - 35 USC § 103
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.
Claim(s) 1-6, 9-12, 14 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sandkoetter (US 2013/0104582 A1) and in view of Kaido (US 5577390 A).
In regards to claim 1, Sandkoetter discloses a heat pump (heat pump, see abstract and figs. 2, 3, 6, 7) having the following features: an evaporator (4) for evaporating a fluid (refrigerant absorbs heat in evaporator 4, see paragraph 47), in order to obtain evaporated fluid (see paragraph 47); a condenser (2) for condensing a compressed fluid (see paragraph 50); a compressor (11, 21) having a first compressor stage (first stage compressor 11) and a second compressor stage (first stage compressor 21, paragraph 53), wherein the compressor is arranged in the flow direction of the evaporated fluid (compressor 11, 21 downstream of evaporator, see figs. 2, 3, 6, 7 and paragraph 50), during operation of the heat pump (see figs. 2, 3, 6, 7), between the evaporator (4) and the condenser (2, see figs. 2, 3, 6 and 7), and is configured to compress the evaporated fluid, in order to obtain the compressed fluid (see figs. 2, 3, 6, 7; and paragraphs 39, 50-59); and a bridging channel (bypass 23, see figs. 2, 3, 6 and 7) between the first compressor stage (11) and the condenser (bypass 23 connects discharge of the first compressor stage 11 to the condenser while bypassing second compressor stage 21, see figs. 2, 3, 6, 7; and paragraphs 50-52), in order to bridge (bypass) the second compressor stage (see figs. 2, 3, 6, 7), wherein a cross-section reducing element (valve 22) is arranged in the bridging channel (valve 22 on bypass 23, see figs. 2, 3, 6, 7), in order to set a cross-section of the bridging channel for controlling a through-flow of compressed fluid out of the first compressor stage to the condenser (controllable valve 22 for controlling refrigerant bypassing second compressor stage 21, see figs. 2, 3, 6, 7; and paragraphs 51-54, 68-72); and
wherein the condenser (2) comprises a pipe bundle (plurality of refrigerant passes, see figs. 2, 3, 6 and 7) or a helical pipe arrangement (this is an alternative claim limitation), through which liquid to be heated flows (refrigerant to be heated flows through condenser, see figs. 2, 3, 6 and 7), wherein the pipe bundle (pipes within condenser 2, see figs. 2, 3, 6 and 7) is arranged laterally with respect to a further opening of the bridging channel into the condenser (bypass 23 connected to the inlet end of condenser 2 is lateral with the horizontal pipes within condenser 2, see figs. 2, 3, 6 and 7), and wherein a suction manifold (suction end of stage 21) of a compressor of the second compressor stage (21) is arranged before the pipe bundle (pipe bundle of condenser 2) or the helical pipe arrangement (see figs. 2, 3, 6 and 7).
However, Sandkoetter does not explicitly teach that the suction of second compressor is above condenser.
Kaido teaches a suction manifold (suction end between valve 32 and compressor stage 114, see figs. 2-5) of a compressor (10) of the second compressor stage (114) is arranged above the pipe(s) of the condenser (compressor stage 114 above the condenser, see figs. 2-5, where refrigerant is supplied down to the condenser 62 through outlet 26, see figs. 2-5).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified arrangement of the second compressor stage with respect to the pipe bundle of condenser of the heat pump of Sandkoetter by arranging the suction manifold of a compressor of the second compressor stage above the pipe bundle of the condenser based on the teachings of Kaido for the advantage of supplying hot high pressure gas from first compressor stage to the condenser via the bypass with just the opening/closing of the valve on the bypass line (col. 3, lines 18-28, Kaido).
In regards to claim 2, Sandkoetter as modified teaches the limitations of claim 1 and further discloses that the first compressor stage (11) and the second compressor stage (21) are connected via a vapour duct (refrigerant line connected between first stage 11 and second stage 21 transfers refrigerant in vapor form to the second compressor stage 21, see paragraphs 53, 60 and figs. 2, 3, 6 and 7).
In regards to claim 3, Sandkoetter as modified teaches the limitations of claim 1 and further discloses that the bridging channel (23) comprises an opening into the first compressor stage (bypass 23 connected to discharge side of first compressor stage 11, see figs. 2, 3, 6 and 7), wherein the first compressor stage (11) comprises an suction manifold (see below annotated fig. 2) for suctioning the evaporated fluid (see figs. 2, 3, 6 7), and a conducting chamber (top half of stage 11 with bypass connection from heat exchanger 50, see figs. 2, 3, 6 and 7) for conducting the vaporous compressed fluid into the bridging channel (via discharge stage 11, see figs. 2, 3, 6 and 7).
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In regards to claim 4, Sandkoetter as modified teaches the limitations of claim 1 and further discloses that the condenser (2) comprises a pipe bundle (plurality of refrigerant passes, see figs. 2, 3, 6 and 7) or a helical pipe arrangement (this is an alternative claim limitation), through which liquid to be heated flows (refrigerant to be heated flows through condenser, see figs. 2, 3, 6 and 7), wherein the pipe bundle (pipes within condenser 2, see figs. 2, 3, 6 and 7) are arranged laterally with respect to a further opening of the bridging channel into the condenser (bypass 23 connected to the inlet end of condenser 2 is lateral with the horizontal pipes within condenser 2, see figs. 2, 3, 6 and 7), and wherein a suction manifold (suction end of stage 21) of a compressor of the second compressor stage (21) is arranged before the pipe bundle (pipe bundle of condenser 2) or the helical pipe arrangement of the condenser (see figs. 2, 3, 6 and 7), wherein the bridging channel is arranged such that vaporous compressed fluid (compressed fluid from compressor 11, see fig. 2) entering condenser (condenser 2) through the further opening (opening of bypass 23 towards condenser 2, see figs. 1-3) strikes the pipe bundle or the helical pipe arrangement laterally (fluid entering condenser 2 from bypass 23 strikes channels within condenser 2 horizontally/laterally, see figs. 7, 1-3 and paragraphs 52-55), and wherein the second compressor stage (compressor 21) is configured to suction compressed fluid from the first compressor stage (see fig. 4, where compressed refrigerant from compressor 11 passes through open valve 30 into compressor 21) via a vapor duct (duct with valve 30 and refrigerant line connected between first stage 11 and second stage 21 transferring refrigerant in vapor form to the second compressor stage 21, see paragraphs 53, 60 and figs. 2, 3, 6 and 7) arranged between the first compressor stage and the second compressor stage (duct with valve 30 is positioned between compressors 11 and 21, see figs. 1-4 and 7) and the suction manifold of the second compressor stage (refrigerant vapor transferred via suction end of stage 21, see fig. 4).
However, Sandkoetter does not explicitly teach that the suction of second compressor is above condenser.
Kaido teaches a suction manifold (suction end between valve 32 and compressor stage 114, see figs. 2-5) of a compressor (10) of the second compressor stage (114) is arranged above the pipe(s) of the condenser (compressor stage 114 above the condenser, see figs. 2-5, where refrigerant is supplied down to the condenser 62 through outlet 26, see figs. 2-5).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified arrangement of the second compressor stage with respect to the pipe bundle of condenser of the heat pump of Sandkoetter by arranging the suction manifold of a compressor of the second compressor stage above the pipe bundle of the condenser based on the teachings of Kaido for the advantage of supplying hot high pressure gas from first compressor stage to the condenser via the bypass with just the opening/closing of the valve on the bypass line (col. 3, lines 18-28, Kaido).
In regards to claim 5, Sandkoetter as modified teaches the limitations of claim 4 and further discloses that the bridging channel (23) is arranged such that vaporous fluid which enters the condenser (2) through the further opening strikes the pipe bundle (pipes within condenser 2) or the helical pipe arrangement laterally (pipes within condenser 2 receiving fluid from the bypass 23 along the sides, see figs. 2, 3, 6 and 7).
In regards to claim 6, Sandkoetter as modified teaches the limitations of claim 1 and further discloses that the cross-section reducing element (valve 22) is configured to assume a closed position or an open position (valve 22 opened or closed, see figs. 2, 3, 6, 7 and paragraphs 53-54), depending on the operation of the second compressor stage (valve 22 opened to bypass second compressor stage 21, see fig. 2), wherein the cross-section reducing element (valve 22) is configured to assume the closed position (valve 22 closed, fig. 3) when the second compressor stage (21) is activated (refrigerant discharge from first stage 11, passed through second stage 21, see fig. 3), or to assume the open position when the second compressor stage is deactivated (valve 22 in open position allows bypassing second stage 21, see fig. 2).
In regards to claim 9, Sandkoetter as modified teaches the limitations of claim 6 and further discloses that the heat pump comprises a controller (controller 80) for controlling the cross- section reducing element (valve 22) into the open position or the closed position (see fig. 7 and paragraph 68).
In regards to claim 10, Sandkoetter as modified teaches the limitations of claim 6 and further discloses that the first compressor stage (11) is configured to build up a maximum achievable pressure (see paragraphs 11, 23-26, 65 and figs. 6-7, where pressure bar indicates the maximum pressure achieved by the first stage), and the cross-section reducing element (valve 22) is configured to assume the open position (see valve 22 open, fig. 2 and paragraph 54) when a pressure ratio between the condenser pressure and the evaporator pressure is smaller than the maximum achievable pressure of the first compressor stage (see below calculation and annotated fig. 2), in order to conduct compressed fluid out of the first compressor stage (11), via the bridging channel (23), to the condenser (2, see figs. 2, 3, 6 and 7). Sandkoetter also teaches that during the bypass valve (22) open state, pressure values at respective compressor outlets and intakes for both compressors are same (see paragraph 54); therefore the ratio between condenser pressure (Pc) and evaporator pressure (Pe; Pc/Pe, see below annotated fig. 2) would be smaller than the maximum achievable pressure of the first compressor stage (Pd) at the first compressor discharge (see below annotated fig. 2), because Pd = Pc (as per paragraph 54), and ratio of Pc/Pe < Pd (see below annotated fig. 2 and paragraph 54).
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In regards to claim 11, Sandkoetter as modified teaches the limitations of claim 6 and further discloses that the cross-section reducing element (valve 22) is configured to assume the closed position (see valve 22 closed, fig. 3) when a pressure ratio between the condenser pressure and the evaporator pressure is greater than the maximum achievable pressure of the first compressor stage (compressor 21 achieves highest pressure in comparison to the maximum discharge pressure of the first stage, therefore pressure ratio between the condenser pressure, which is equivalent to the highest pressure of compressor 21, and the evaporator pressure is greater than the maximum pressure of the first stage, see fig. 3 and paragraph 58), in order to conduct compressed fluid out of the first compressor stage (11), via the vapour duct (via valve 30), to the second compressor stage (through compressor 21, see fig. 3).
In regards to claim 12, Sandkoetter as modified teaches the limitations of claim 1 and further discloses that the first compressor stage is operable with N further compressor stages (variable speeds of compressor 11, see paragraph 50), wherein N is a natural number greater than or equal to two (higher/lower speeds of compressor 11, see paragraphs 27, 33, 50, 69).
In regards to claim 14, Sandkoetter discloses a method for operating a heat pump (heat pump, see abstract and figs. 2, 3, 6, 7) comprising an evaporator (4) for evaporating a fluid (refrigerant absorbs heat in evaporator 4, see paragraph 47), in order to obtain evaporated fluid (see paragraph 47); a condenser (2) for condensing a compressed fluid (see paragraph 50); a compressor (11, 21) having a first compressor stage (first stage compressor 11) and a second compressor stage (first stage compressor 21, paragraph 53), wherein the compressor is arranged in the flow direction of the evaporated fluid (compressor 11, 21 downstream of evaporator, see figs. 2, 3, 6, 7 and paragraph 50), during operation of the heat pump (see figs. 2, 3, 6, 7), between the evaporator (4) and the condenser (2, see figs. 2, 3, 6 and 7), and is configured to compress the evaporated fluid, in order to obtain the compressed fluid (see figs. 2, 3, 6, 7; and paragraphs 39, 50-59); and a bridging channel (bypass 23, see figs. 2, 3, 6 and 7) between the first compressor stage (11) and the condenser (bypass 23 connects discharge of the first compressor stage 11 to the condenser while bypassing second compressor stage 21, see figs. 2, 3, 6, 7; and paragraphs 50-52);
wherein the condenser (2) comprises a pipe bundle (plurality of refrigerant passes, see figs. 2, 3, 6 and 7) or a helical pipe arrangement (this is an alternative claim limitation), through which liquid to be heated flows (refrigerant to be heated flows through condenser, see figs. 2, 3, 6 and 7), wherein the pipe bundle (pipes within condenser 2, see figs. 2, 3, 6 and 7) are arranged laterally with respect to a further opening of the bridging channel into the condenser (bypass 23 connected to the inlet end of condenser 2 is lateral with the horizontal pipes within condenser 2, see figs. 2, 3, 6 and 7), and wherein a suction manifold (suction end of stage 21) of a compressor of the second compressor stage (21) is arranged before the pipe bundle (pipe bundle of condenser 2) or the helical pipe arrangement of the condenser (see figs. 2, 3, 6 and 7); wherein the method comprises:
bridging (bypassing) the second compressor stage (see figs. 2, 3, 6, 7) by setting a cross-section reducing valve element (valve 22) in the bridging channel (valve 22 on bypass 23, see figs. 2, 3, 6, 7), in order to set and control a cross-section of the bridging channel for controlling a through-flow of compressed fluid out of the first compressor stage to the condenser (controllable valve 22 for controlling refrigerant bypassing second compressor stage 21, see figs. 2, 3, 6, 7; and paragraphs 51-54, 68-72); and
directing vaporous compressed fluid from the first compressor stage (compressed fluid from compressor 11, see fig. 2) through the further opening of the bridging channel into the condenser (compressed fluid from opening of bypass 23 towards condenser 2 being passed to the condenser 2, see figs. 1-3) such that the vaporous compressed fluid strikes the pipe bundle or the helical pipe arrangement laterally (fluid entering condenser 2 from bypass 23 strikes channels within condenser 2 horizontally/laterally, see figs. 7, 1-3 and paragraphs 52-55).
However, Sandkoetter does not explicitly teach that the suction of second compressor is above condenser.
Kaido teaches a suction manifold (suction end between valve 32 and compressor stage 114, see figs. 2-5) of a compressor (10) of the second compressor stage (114) is arranged above the pipe(s) of the condenser (compressor stage 114 above the condenser, see figs. 2-5, where refrigerant is supplied down to the condenser 62 through outlet 26, see figs. 2-5).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified arrangement of the second compressor stage with respect to the pipe bundle of condenser of the heat pump of Sandkoetter by arranging the suction manifold of a compressor of the second compressor stage above the pipe bundle of the condenser based on the teachings of Kaido for the advantage of supplying hot high pressure gas from first compressor stage to the condenser via the bypass with just the opening/closing of the valve on the bypass line (col. 3, lines 18-28, Kaido).
In regards to claim 15, Sandkoetter discloses a method for producing a heat pump (heat pump, see abstract and figs. 2, 3, 6, 7) comprising an evaporator (4) for evaporating a fluid (refrigerant absorbs heat in evaporator 4, see paragraph 47), in order to obtain evaporated fluid (see paragraph 47); a condenser (2) for condensing a compressed fluid (see paragraph 50); a compressor (11, 21) having a first compressor stage (first stage compressor 11) and a second compressor stage (first stage compressor 21, paragraph 53), wherein the compressor is arranged in the flow direction of the evaporated fluid (compressor 11, 21 downstream of evaporator, see figs. 2, 3, 6, 7 and paragraph 50), during operation of the heat pump (see figs. 2, 3, 6, 7), between the evaporator (4) and the condenser (2, see figs. 2, 3, 6 and 7), and is configured to compress the evaporated fluid, in order to obtain the compressed fluid (see figs. 2, 3, 6, 7; and paragraphs 39, 50-59); wherein the method comprises:
arranging a bridging channel (bypass 23, see figs. 2, 3, 6 and 7) between the first compressor stage (11) and the condenser, in order to bridge the second compressor stage (bypass 23 connects discharge of the first compressor stage 11 to the condenser while bypassing second compressor stage 21, see figs. 2, 3, 6, 7; and paragraphs 50-52);
arranging a cross-section reducing valve element (valve 22) in the bridging channel (valve 22 on bypass 23, see figs. 2, 3, 6, 7), in order to set and control a cross-section of the bridging channel for controlling a through-flow of compressed fluid out of the first compressor stage (compressor 11) to the condenser (controllable valve 22 for controlling refrigerant bypassing second compressor stage 21, see figs. 2, 3, 6, 7; and paragraphs 51-54, 68-72); and
arranging the condenser to comprise a pipe bundle (plurality of refrigerant passes, see figs. 2, 3, 6 and 7) or a helical pipe arrangement (this is an alternative claim limitation), through which liquid to be heated flows (refrigerant to be heated flows through condenser, see figs. 2, 3, 6 and 7), wherein the pipe bundle (pipes within condenser 2, see figs. 2, 3, 6 and 7) is arranged laterally with respect to a further opening of the bridging channel into the condenser (bypass 23 connected to the inlet end of condenser 2 is lateral with the horizontal pipes within condenser 2, see figs. 2, 3, 6 and 7), and arranging a suction manifold (suction end of stage 21) of a compressor of the second compressor stage (21) is arranged before the pipe bundle (pipe bundle of condenser 2) or the helical pipe arrangement of the condenser (see figs. 2, 3, 6 and 7), such that the vaporous compressed fluid from the first compressor stage (compressed fluid from compressor 11, see fig. 2) entering through the further opening of the bridging channel into the condenser (compressed fluid from opening of bypass 23 towards condenser 2 being passed to the condenser 2, see figs. 1-3) strikes the pipe bundle or the helical pipe arrangement laterally (fluid entering condenser 2 from bypass 23 strikes channels within condenser 2 horizontally/laterally, see figs. 7, 1-3 and paragraphs 52-55).
However, Sandkoetter does not explicitly teach that the suction of second compressor is above condenser.
Kaido teaches a suction manifold (suction end between valve 32 and compressor stage 114, see figs. 2-5) of a compressor (10) of the second compressor stage (114) is arranged above the pipe(s) of the condenser (compressor stage 114 above the condenser, see figs. 2-5, where refrigerant is supplied down to the condenser 62 through outlet 26, see figs. 2-5).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified arrangement of the second compressor stage with respect to the pipe bundle of condenser of the heat pump of Sandkoetter by arranging the suction manifold of a compressor of the second compressor stage above the pipe bundle of the condenser based on the teachings of Kaido for the advantage of supplying hot high pressure gas from first compressor stage to the condenser via the bypass with just the opening/closing of the valve on the bypass line (col. 3, lines 18-28, Kaido).
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sandkoetter (US 2013/0104582 A1) in view of Kaido as applied to claim 6 above and further in view of Unger (US 7409833 B2).
In regards to claim 7, Sandkoetter as modified teaches the limitations of claim 6 except that the valve includes a spring.
However, Unger teaches a multi-compressor heat pump (see figs. 1-2) comprising a bypass valve (valve 24) that is preloaded by means of a spring element in the closed position (valve 24 including a solenoid, which necessarily by design includes a spring in a biased closed position, see col. 7, lines 5-18).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the heat pump bypass Sandkoetter by providing a spring loaded solenoid valve as the bypass valve on the bypass line of the heat pump of Sandkoetter based on the teachings of Unger in order to allow the valve to maintain a secure position under pressure during bypass or non-bypass operations and only allow the valve to attain an open position under the operating conditions that permit such a state.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sandkoetter (US 2013/0104582 A1) in view of Kaido as applied to claim 1 above and further in view of Kasahara (US 2017/0268498 A1).
In regards to claim 8, Sandkoetter as modified teaches the limitations of claim 6 except that the valve is a flap or an orifice or a leaf door or a check valve.
However, Kasahara teaches a multi-stage compressor system (see abstract) comprising a bypass valve (valve 19), which is a check valve (check valve 19, see fig. 1 and paragraph 23).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the heat pump bypass Sandkoetter by providing a check valve as the bypass valve on the bypass line of the heat pump of Sandkoetter based on the teachings of Kasahara in order to prevent backflow of the fluid into the compressor especially during off state to avoid causing inefficient operation of the compressor in the beginning of the heat pump cycles.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sandkoetter (US 2013/0104582 A1) in view of Kaido as applied to claim 12 above and further in view of KO (US 2016/0047576 A1).
In regards to claim 13, Sandkoetter as modified teaches the limitations of claim 12 except that the compressor stages are arranged in a series and the neighboring compressor stages are connected via a vapor duct.
However, KO teaches a heat pump system (see abstract and fig. 1) with the first compressor stage (120) and the N further compressor stages (stages 121, 123, 125) are arranged in a series connection (see fig. 1), wherein in the case of N compressor stages (three compression stages 121, 123, 125) two neighbouring compressor stages are in each case connected via a vapour duct (vapor from each compressor 121 and 123 connected to the neighboring compressor stage 123 and 125 respectively, see fig. 1 and paragraph 45, 70, 78).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the first compressor stages of the heat pump of Sandkoetter by providing plurality of further compressor stages arranged in a series connection, wherein in the case of N compressor stages two neighbouring compressor stages are in each case connected via a vapour duct based on the teachings of KO in order to improve operation efficiency of the compressor by increasing the number of stages of compressing refrigerant (see paragraph 9, KO).
Response to Arguments
Applicant's arguments filed 06/15/2026 have been fully considered but they are not persuasive. In response to applicant's argument, "bypass 23 of Sandkoetter should not constitute as the claimed "bridge channel" because bypass 23 is not a direct flow path from first compressor (11) to the condenser (2) that bypasses the second compressor (21)," examiner maintains the rejection and points out that bypass path (23) in Sandkoetter bypasses the second compressor stage compressor (21), and the bypass path (23) is capable of fully bypassing second stage compressor (21) when valves 30 and 12 are closed and valve 22 is opened to allow refrigerant from first compressor (11) to flow through bypass path (23) into the condenser (2, see paragraphs 26-29 and figs. 2, 7). Therefore applicant’s argument is not found persuasive. In addition, all the independent claims are not rejected under 35 USC 103 over Sandkoetter in view of Kaido.
In response to applicant's argument, "Kaido, Unger, Kashahara and Ko do not cure the deficiencies of Sandkoetter," examiner maintains the rejections of claims and points out that the above office action does not rely on Kaido, Unger, Kashahara and Ko to teach the bypass/bridge channel. Sandkoetther teaches the claimed bridge channel (bypass path 23, see above rejection of claims). Therefore applicant’s argument is not found persuasive.
In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MERAJ A SHAIKH whose telephone number is (571)272-3027. The examiner can normally be reached on M-R 9:00-1:00 pm.
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/MERAJ A SHAIKH/Examiner, Art Unit 3763
/JOEL M ATTEY/ Primary Examiner, Art Unit 3763
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