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 20 is objected to because of the following informalities:
Claim 20 recites “the evaporator is configured to cool the working fluid” and “the condenser is configured to heat the working fluid” however an evaporator performs cooling and thus the working fluid (the refrigerant) takes in heat. Similarly a condenser dissipates heat from the working fluid (the refrigerant) and thus cools the working fluid.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-6, 14, 18, and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by James et al (US 7,975,506).
Regarding claim 1, James discloses a heating, ventilation, air conditioning, and refrigeration (HVAC&R) system, comprising:
a heat exchanger (44 and/or 22) configured to receive a working fluid directed through the HVAC&R system, wherein the heat exchanger comprises an enclosure (each heat exchanger is a shell and tube type heat exchanger; a shell is an enclosure); and a compressor system (24) comprising a plurality of compressors (26 and 28; 3:47 “multiple stage compressors/chillers”), wherein each compressor of the plurality of compressors is configured to pressurize the working fluid, and each compressor of the plurality of compressors is mounted to the enclosure of the heat exchanger (shown in figure 1 the compressor is mounted to both 22 and 44).
Regarding claim 2, James discloses a first compressor (26) of the plurality of compressors is configured to receive and pressurize the working fluid, and a second compressor (28) of the plurality of compressors is configured to receive the working fluid from the first compressor and further pressurize the working fluid received from the first compressor.
Regarding claim 3, James discloses an economizer (42) configured to separate the working fluid into liquid working fluid and vapor working fluid, wherein the second compressor is configured to receive the vapor working fluid from the economizer (8:43-48; 9:40-57; 10:7-10).
Regarding claim 4, James discloses the economizer (42) comprises an additional enclosure (40), and each compressor of the plurality of compressors is mounted to the additional enclosure (shown in figure 1).
Regarding claim 5, James discloses a first length of each compressor of the plurality of compressors is oriented crosswise relative to a second length of the enclosure of the heat exchanger (length of compressor may be selected that is oriented crosswise to a length of heat exchanger).
Regarding claim 6, James discloses an additional heat exchanger (42) comprising an additional enclosure (40), wherein each compressor of the plurality of compressors is mounted to the additional enclosure (shown in figure 1).
Regarding claim 14, James discloses a heating, ventilation, air conditioning, and refrigeration (HVAC&R) system, comprising:
a vapor compression circuit (20) configured to direct working fluid therethrough;
a heat exchanger (22 and/or 44) disposed along the vapor compression circuit, wherein the heat exchanger comprises an enclosure (each heat exchanger is a shell and tube type heat exchanger; a shell is an enclosure); and
a compressor system (24) disposed along the vapor compression circuit, wherein the compressor system comprises a plurality of compressors (26 and 28), and each compressor of the plurality of compressors is mounted directly to the enclosure (shown in figure 1 the compressor is mounted to both 22 and 44).
Regarding claim 18, James discloses the plurality of compressors (26 and 28) is arranged in series with one another relative to flow of working fluid through the compressor system.
Regarding claim 20, James discloses a heating, ventilation, air conditioning, and refrigeration (HVAC&R) system, comprising:
a vapor compression circuit (20) configured to circulate a working fluid;
an evaporator (22) disposed along the vapor compression circuit, wherein the evaporator comprises a first shell (evaporator 22 is arranged as a shell and tube heat exchanger), and the evaporator is configured to heat the working fluid;
a condenser (44) disposed along the vapor compression circuit, wherein the condenser comprises a second shell (condenser 44 is arranged as a shell and tube heat exchanger), and the condenser is configured to cool the working fluid;
an economizer system (42) disposed along the vapor compression circuit, wherein the economizer system comprises a third shell (40), and the economizer system is configured to separate the working fluid into vapor working fluid and liquid working fluid; and
a plurality of compressors (26 and 28) disposed along the vapor compression circuit, wherein the plurality of compressors is configured to pressurize the working fluid, and each compressor of the plurality of compressors is directly mounted to the first shell, the second shell, the third shell, or any combination thereof (shown in figure 1).
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) 7-13, 15-17, and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over James et al (US 7,975,506) in view of Mitra et al (US 8,322,150).
Regarding claim 7, James discloses an economizer system (42) configured to separate the working fluid into liquid working fluid and vapor working fluid.
James lacks an auxiliary compressor as claimed.
Mitra discloses a compressor system having a plurality of compressors (36A,B figure 1A) and an auxiliary compressor (36C) configured to receive the vapor working fluid from the economizer system and to pressurize the vapor working fluid received from the economizer system.
It would have been obvious to one of ordinary skill in the art to have provided James with an auxiliary compressor as taught by Mitra in order to boost the pressure of economized flow.
Regarding claims 8 and 9, James and Mitra disclose the HVAC&R system of claim 7, but lack a mounting location for the auxiliary compressor. James discloses mounting compressors to economizer/heat exchanger enclosures. It follows to similarly mount the auxiliary compressor provided by Mitra. It would have been obvious to one of ordinary skill in the art to have provided the auxiliary compressor to the enclosure 40 (an enclosure for both the condenser and economizer) in order to provide secure mounting of the compressor.
Regarding claim 10, James and Mitra disclose the HVAC&R system of claim 9, but lack a position of the auxiliary compressor when placed on enclosure 40.
It has been held that an “obvious to try” rationale when choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success is a support for a conclusion of obviousness which is consistent with the proper "functional approach" to the determination of obviousness as laid down in Graham, if the following findings can be established: (1) a finding that at the time of the invention, there had been a recognized problem or need in the art, which may include a design need or market pressure to solve a problem; (2) a finding that there had been a finite number of identified, predictable potential solutions to the recognized need or problem; (3) a finding that one of ordinary skill in the art could have pursued the known potential solutions with a reasonable expectation of success; and (4) whatever additional findings based on the Graham factual inquiries may be necessary, in view of the facts of the case under consideration, to explain a conclusion of obviousness. See MPEP § 2143(I) (E).
In the instant case, and as per (1), it should be noted that the auxiliary compressor necessarily has a mounting location. As per (2), based on the above, one of ordinary skill in the art would recognize that there are only two potential solutions to the location: either between the compressors or not between the compressors along a length direction. As per (3), one of ordinary skill in the art would recognize that mounting the auxiliary compressor between the compressors would have not yielded unpredictable results, since such a location would not change the principles of operation of the prior art, nor would it render the prior art inoperable for its intended purpose. As per (4), one of ordinary skill in the art would recognize that the providing tightly spaced/located compressors aids to reduce the overall system footprint and to decrease refrigerant line lengths which are a source of pressure loss within the system.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have positioned the auxiliary compressor between adjacent compressors of the plurality of compressors of the compressor system along a length of the heat exchanger, as a matter of trying a finite number of predictable solutions, in order to provide secure mounting within a minimal footprint and minimal line lengths, without yielding unpredictable results.
Regarding claim 11, James and Mitra further disclose the auxiliary compressor is configured to discharge the vapor working fluid toward a compressor of the plurality of compressors (shown in figure 1A of Mitra the aux compressor 36C discharges towards compressor 36B).
Regarding claims 12 and 13, James and Mitra discloses the HVAC&R system of claim 7, utilizing an auxiliary compressor for the economizer circuit (provided by Mitra above) including a plurality of parallel economizer circuits ( 28B and 28C shown in figure 2A of Mitra) each including an auxiliary compressor (36C and 36D).
Regarding claim 15, James discloses the economizer comprises an economizer chamber (158 and 160) configured to direct working fluid to a corresponding compressor of the plurality of compressors. James lacks a plurality of economizers.
Mitra discloses a plurality of economizers (25A and 25B of figure 5) each providing working fluid vapor to a corresponding compressor.
It would have been obvious to one of ordinary skill in the art to have provided James with a plurality of economizers as taught by Mitra in order to increase system capacity.
Regarding claim 16, James and Mitra further discloses the economizer system comprises a shell, each economizer chamber of the plurality of economizer chambers is disposed within the shell, and the shell and the enclosure are disposed in a side-by-side arrangement and extend generally parallel to one another (James shows shell 40 in a side by side relation with shell of heat exchanger 22).
Regarding claim 17, James and Mitra further discloses each compressor of the plurality of compressors is mounted directly to the shell (40).
Regarding claim 19, James further discloses a variable speed drive (36) configured to drive a corresponding compressor. James lacks a plurality of variable speed drives. Mitra discloses each of a corresponding number of compressors may include variable speed type (2:35). It would have been obvious to one of ordinary skill in the art to have provided the variable speed drive of James in the plurality in order to individually control the plural compressor speed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Norbeck et al (US 2012/0240614) mounting of compressor and control electronics to heat exchanger shells.
Jiang et al (US 2023/0324083) plural compressors mounted between evaporator and condenser shells.
Haley et al (US 9,816,733) economizer (240) mounted between evaporator and condenser shells.
Seki et al (US 6,619,072) economizer and turbo compressor mounted to condenser shell.
Lee et al (US 9,410,728) side-by-side shell arrangement.
Miyoshi et al (US 10,408,500) plural compressor and economizer mounting.
Randall et al (US 2007/0164623) compressor and control electronics mounting.
Brennem (US 4,084,406) compressor and control mounting.
Nakamura et al (US 6,755,620) VSD for compressor.
Welch (US 8,511,103) VSD for compressor.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER R ZERPHEY whose telephone number is (571)272-5965. The examiner can normally be reached M-F 7:00-4:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jianying Atkisson can be reached at 5712707740. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTOPHER R ZERPHEY/Primary Examiner, Art Unit 3799
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