DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Information Disclosure Statement
The submitted information disclosure statement(s) (IDS) is/are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement(s) is/are being considered by the examiner.
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 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:
“economizer system configured to reduce a pressure […]”
The aforementioned limitation(s) meet the three prong test, as follows:
The limitation uses a generic placeholder (e.g., “economizer system”) with no specific structural meaning.
The generic placeholder is modified by functional language (i.e., “configured to […]”).
The limitation does not include sufficient materials or structures to perform the claimed functions.
Because these claim limitations are being interpreted under 35 U.S.C. 112(f), they 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 shows that the following appear to be the corresponding structures for the aforementioned 112(f) limitation(s):
The “economizer system” appears to be described as including a plurality of economizer stages that are reach configured to reduce a pressure of a refrigerant flow. The first economizer may receive the refrigerant from the condenser, reduce its pressure to vaporize a portion of it, and separate the refrigerant into liquid and vapor. The vapor is directed to an auxiliary compressor system, and the liquid is sent to a subsequent economizer.1 The specification also describes that each economizer may be separate chambers, compartments, volumes or spaces of a common enclosure, housing or shell.2
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-4 and 7-20 are rejected under 35 U.S.C. 102(a) (1) as being anticipated by Dai et al. (CN 110486942 A), herein Dai.
As per claim 1, Dai discloses a ventilation, air conditioning, and/or refrigeration (HVAC&R) system (see at least fig. 5), comprising:
an economizer system (17, 12, 13, 8, 9, etc.) configured to reduce a pressure (e.g., via expansion) of a first portion of a refrigerant (see at least fig. 5);
an auxiliary compressor system (3, 6, 10) configured to receive the first portion of the refrigerant from the economizer system (see arrows), wherein the auxiliary compressor system (3, 6, 10) comprises a first auxiliary compressor (3 or 6) and a second auxiliary compressor (10);
a primary compressor (14); and
a condenser (15) configured to receive the first portion of the refrigerant from the auxiliary compressor system (3, 6, 10) and a second portion of the refrigerant from the primary compressor (14).
As per claim 2, Dai discloses an evaporator (2) configured to supply the second portion of the refrigerant (indirectly) to the primary compressor (14).
As per claim 3, Dai discloses wherein the evaporator (2) is configured to receive the second portion of the refrigerant in liquid form from the economizer system (e.g., via 5), and the auxiliary compressor system (3, 6, 10) is configured to receive the first portion of the refrigerant in vapor form (e.g., at 6 or 10) from the economizer system (from 9 or 13).
As per claim 4, Dai discloses wherein the first auxiliary compressor (6) is disposed in series with the second auxiliary compressor (10) with respect to a flow of the first portion of the refrigerant (see arrows in fig. 5), such that the first auxiliary compressor (6) is configured to receive the first portion of the refrigerant from the economizer system (from 9) and the second auxiliary compressor (10) is configured to receive the first portion of the refrigerant from the first auxiliary compressor (6).
As per claim 7, Dai discloses wherein the auxiliary compressor system comprises a third auxiliary compressor (the other of 3 or 6).
As per claim 8, Dai discloses a heating, ventilation, air conditioning, and/or refrigeration (HVAC&R) system (see at least fig. 5), comprising:
an economizer system (17, 12, 13, 8, 9, etc.) configured to reduce a pressure (via expansion) of a refrigerant to provide a first vapor refrigerant flow and a second vapor refrigerant flow (see arrows in fig. 5); and
an auxiliary compressor system (3, 6, 10) comprising:
a first auxiliary compressor (6 or 10) configured to receive the first vapor refrigerant flow from the economizer system (from 9 or 13) and pressurize the first vapor refrigerant flow to provide a first pressurized vapor refrigerant flow (see fig. 5); and
a second auxiliary compressor (10 or 6) configured to receive the second vapor refrigerant flow from the economizer system (from 13 or 9) and pressurize the second vapor refrigerant flow to provide a second pressurized vapor refrigerant flow (see fig. 5), wherein the auxiliary compressor system (3, 6, 10) is configured to discharge a combined vapor refrigerant flow (via 14) comprising the first pressurized vapor refrigerant flow and the second pressurized vapor refrigerant flow toward a condenser (15) of the HVAC&R system (see at least fig. 5).
As per claim 9, Dai discloses wherein the first auxiliary compressor (6) is configured to (indirectly) discharge the first pressurized vapor refrigerant flow toward the condenser (15) as a part of the combined vapor refrigerant flow (see fig. 5), and the second auxiliary compressor (10) is configured to (indirectly) discharge the second pressurized vapor refrigerant flow toward the condenser (15) as an additional part of the combined vapor refrigerant flow (see fig. 5).
As per claim 10, Dai discloses wherein the second auxiliary compressor (6) is configured to discharge the second pressurized vapor refrigerant flow toward the first auxiliary compressor (10), and the first auxiliary compressor (10) is configured to pressurize the first vapor refrigerant flow and the second pressurized vapor refrigerant flow to provide the combined vapor refrigerant flow (towards 14) comprising the first pressurized vapor refrigerant flow and the second pressurized vapor refrigerant flow for discharge toward the condenser (15).
As per claim 11, Dai discloses wherein the economizer system comprises:
a first economizer (13) configured to (indirectly) receive the refrigerant from the condenser (15) and separate the refrigerant into a first liquid refrigerant flow (bottom of 17) and the first vapor refrigerant flow (top of 17); and
a second economizer (9) configured to receive the first liquid refrigerant flow (via 8) and separate the first liquid refrigerant flow into a second liquid refrigerant flow (bottom of 9) and the second vapor refrigerant flow (top of 9).
As per claim 12, Dai discloses comprising a third auxiliary compressor (14), wherein the first auxiliary compressor (6) is configured to (indirectly) discharge the first pressurized vapor refrigerant flow toward the condenser (15) as a part of the combined vapor refrigerant flow (see fig. 5), the second auxiliary compressor (10) is configured to discharge the second pressurized vapor refrigerant flow toward the third auxiliary compressor (14), and the third auxiliary compressor (14) is configured to pressurize the second pressurized vapor refrigerant flow for discharge toward the condenser (15) as another part of the combined vapor refrigerant flow (see fig. 5).
As per claim 13, Dai discloses comprising a third auxiliary compressor (14), wherein the first auxiliary compressor (10) is configured to discharge the first pressurized vapor refrigerant flow toward the third auxiliary compressor (14), the second auxiliary compressor (6) is configured to (indirectly) discharge the second pressurized vapor refrigerant flow toward the third auxiliary compressor (14), and the third auxiliary compressor (14) is configured to pressurize the first pressurized vapor refrigerant flow and the second pressurized vapor refrigerant flow to provide the combined vapor refrigerant flow for discharge toward the condenser (15).
As per claim 14, Dai discloses wherein the economizer system comprises an economizer (13 or 17) configured to receive the refrigerant from the condenser (5) and separate the refrigerant into liquid refrigerant (bottom of 13 or 17) and vapor refrigerant (top of 13 or 17), and the economizer system (9, 13, 17, etc.) is configured to apportion the vapor refrigerant as the first vapor refrigerant flow and the second vapor refrigerant flow (see fig. 5).
As per claim 15, Dai discloses an evaporator (2) configured to receive a refrigerant flow from the economizer system (via 5) and discharge the refrigerant flow from an outlet (right side) of the evaporator (2); and
a primary compressor (3) configured to operate to pressurize the refrigerant flow from the outlet of the evaporator (2) to a target pressure for (indirect) discharge toward the condenser (15).
As per claim 16, Dai discloses wherein the first auxiliary compressor (6) is configured to pressurize the first vapor refrigerant flow (from 9) and the second auxiliary compressor (10) is configured to pressurize the second vapor refrigerant flow (from 13) to adjust a pressure of the combined vapor refrigerant flow toward the target pressure (evident from at least fig. 5).
As per claim 17, Dai discloses a first valve (8) and a second valve (12), wherein the first valve (8) is configured to control flow of the first vapor refrigerant flow from the economizer system (at 9) to the first auxiliary compressor (6), and the second valve (12) is configured to control flow of the second vapor refrigerant flow from the economizer system (at 13) to the second auxiliary compressor (10).
As per claim 18, Dai discloses a compression system of a heating, ventilation, air conditioning, and/or refrigeration (HVAC&R) system (see at least fig. 5), the compression system comprising:
an auxiliary compressor system (3, 6, 10) configured to receive a first portion of a refrigerant from an economizer system (5, 8, 9, 12, 13, 17, etc.) of the HVAC&R system (fig. 5), the auxiliary compression system (3, 6, 10) comprising a first auxiliary compressor (3 or 6) and a second auxiliary compressor (6 or 10); and
a primary compressor (14) configured to (indirectly) receive a second portion of the refrigerant from an evaporator (2) of the HVAC&R system (see fig. 5).
As per claim 19, Dai discloses wherein:
the auxiliary compressor system (3, 6, 10) is configured to (indirectly) output the first portion of the refrigerant toward a condenser (15); and
the primary compressor (14) is configured to output the second portion of the refrigerant toward the condenser (15).
As per claim 20, Dai discloses wherein: the first auxiliary compressor (3 or 6) is disposed in series with the second auxiliary compressor (6 or 10) with respect to a flow of the first portion of the refrigerant (see arrows in fig. 5), such that the second auxiliary compressor (6 or 10) is configured to receive the first portion of the refrigerant from the first auxiliary compressor (3 or 6).
Allowable Subject Matter
Claims 5-6 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all3 of the limitations of the base claim and any intervening claims. As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
The prior art, when taken as a whole, does not appear to reasonably anticipate nor render prima facie obvious the claimed invention as currently recited in at least claim 5. It should be noted that the intended purpose and operating principles of Dai require the specific arrangement of compressors and fluid lines as disclosed and described therein. One of ordinary skill in the art would recognize that any modifications to Dai to arrive at the claimed invention would be based on improper hindsight, and would render it inoperable for its intended purpose. Assuming arguendo, rearranging and/or replacing the series compressors would change the principles of operation thereof, since it would require completely redesigning the structure of the vapor-compression cycle, most likely resulting in unexpected and/or unintended results, which is evidence against a prima facie case of obviousness. Thus, a preponderance of evidence supports the allowability of the claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MIGUEL A DIAZ whose telephone number is (313)446-6587. The examiner can normally be reached Monday - Friday: 9:00 AM - 5:00 PM Eastern Time.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jianying C. Atkisson can be reached at (571) 270-7740. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MIGUEL A DIAZ/ Primary Examiner, Art Unit 3763
1 See ¶ 43 of the printed publication: US 20250383129 A1.
2 See ¶ 44, id.
3 Disclaimer: failure to include all the intervening limitations will result in a different claim scope, which may require a new grounds of rejection prior to a final determination of allowability.
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