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 .
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
Applicant is reminded of the proper content of an abstract of the disclosure.
A patent abstract is a concise statement of the technical disclosure of the patent and should include that which is new in the art to which the invention pertains. The abstract should not refer to purported merits or speculative applications of the invention and should not compare the invention with the prior art.
If the patent is of a basic nature, the entire technical disclosure may be new in the art, and the abstract should be directed to the entire disclosure. If the patent is in the nature of an improvement in an old apparatus, process, product, or composition, the abstract should include the technical disclosure of the improvement. The abstract should also mention by way of example any preferred modifications or alternatives.
Where applicable, the abstract should include the following: (1) if a machine or apparatus, its organization and operation; (2) if an article, its method of making; (3) if a chemical compound, its identity and use; (4) if a mixture, its ingredients; (5) if a process, the steps.
Extensive mechanical and design details of an apparatus should not be included in the abstract. The abstract should be in narrative form and generally limited to a single paragraph within the range of 50 to 150 words in length.
See MPEP § 608.01(b) for guidelines for the preparation of patent abstracts.
The abstract of the disclosure is objected to because it describes what the invention might be (e.g. “the heat pump system may include a housing [and] may further include a heat pump component” or “the noise cancelling device may be a panel”) without describing what structure or apparatus is actually required. 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).
Information Disclosure Statement
The information disclosure statement filed 31 October 202 fails to comply with the provisions of 37 CFR 1.97, 1.98 and MPEP § 609 because the only citation listed, reading “Videos About Acoustics – https://www.audimute.com/video-gallery” does not identify specific videos or documents to be considered by the examiner but only a source from which “videos about acoustics” may be obtained. It has been placed in the application file, but the information referred to therein has not been considered as to the merits.
Applicant is advised that the date of any re-submission of any item of information contained in this information disclosure statement or the submission of any missing element(s) will be the date of submission for purposes of determining compliance with the requirements based on the time of filing the statement, including all certification requirements for statements under 37 CFR 1.97(e). See MPEP § 609.05(a).
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.
This application includes one or more claim limitations that use generic placeholder terms (e.g. “device”) paired with functional language but are nonetheless not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph because the claim limitations recite sufficient structure, materials, or acts to entirely perform the recited function. Such claim limitations is/are:
“a noise cancelling device” in line 5 of claim 1, line 5 of claim 11, and line 3 of claim 19 have not been interpreted under 35 U.S.C. 112(f) because the claims recite sufficient structure (“a panel having a pattern configured to minimize sound wave transmission from the heat pump component” in claims 1 and 11 and “a panel having a pattern” in claim 19) which is sufficient to perform the recited function of “noise cancelling”.
Because this/these claim limitation(s) is/are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are not being interpreted to cover only the corresponding structure, material, or acts described in the specification as performing the claimed function, and equivalents thereof.
If applicant intends 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 remove the structure, materials, or acts that performs the claimed function; or (2) present a sufficient showing that the claim limitation(s) does/do not recite sufficient structure, materials, or acts to perform the claimed function.
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Claim Rejections - 35 USC § 102
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.
(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 1-3, 5-7, 9-13, 15-17 and 19 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by US Publication No. 2019/0128565 A1 to Pugh et al.
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Pugh teaches limitations from claim 1 in figs. 2 and 3, shown above, a heat pump (the water heater 50 of Pugh is referred to as a “heat pump water heater” in ¶ 12, with the elements in the upper volume 74 referred to as a “heat pump system” having “heat pump components” in ¶ 30) system comprising:
a housing (outer housing 54) defining an interior chamber (particularly the upper volume 74 taught in ¶ 30);
a heat pump component (the various components shown in the upper volume 74 in fig. 2, taught in ¶ 34 to include a compressor 122, expansion valve 118, evaporator 120, fan 124 and fan motor 134. Examiner notes that Pugh uses the numeral 134 to refer to both the fan motor 134 and the foam guide 134; to promote clarity of the record, each mention of this reference numeral within this Office Action will specifically identifying which of the elements is being referenced or discussed) disposed inside the housing (in the upper volume 74 of the housing 54 in fig. 2), wherein the heat pump component generates sound waves during operation of the heat pump component (with the fan and compressor both generating noise discussed in ¶¶ 40-41, e.g. “By disposing opening 128 through top portion 68 (as opposed to a side surface of the tank), compressor noise is directed upward, thereby minimizing noise levels directed to individuals near water heater 50.” and “Foam guide 134, embodied as stepped sections of foam but in other embodiments comprising a continuous transition surface, baffles both fan/compressor noise and the air flow from inlet 128 toward evaporator coil 120.” (emphasis by examiner)); and
a noise cancelling device (foam guide 134) configured to at least partially cover at least one of: one or more housing inner walls (as shown in figs. 2 and 3) and the heat pump component (as shown in fig. 3, at least one side of the compressor 122 contacts and is thus “covered” by the foam guide 134),
wherein the noise cancelling device comprises a panel having a pattern configured to minimize sound wave transmission from the heat pump component (as shown in figs. 2 and 3 and taught in ¶ 41, the stepped sections of the foam guide, formed as stacked foam sheets, function to baffle fan and compressor noise and reduce the formation of eddies in the airflow through the space 74).
Pugh teaches limitations from claim 2 in figs. 2 and 3, shown above, the heat pump system of claim 1, wherein the heat pump component is a compressor (122, as taught in 34).
Pugh teaches limitations from claim 3 in figs. 2 and 3, shown above, the heat pump system of claim 1, wherein the heat pump component comprises an air mover (the fan 124 and fan motor 134 taught in ¶ 41).
Pugh teaches limitations from claim 5 in fig. 3, shown above, the heat pump system of claim 1, wherein the panel (the stepped sheets of the foam guide 134) comprises one or more cut-outs to cover a heat pump component portion (the half-cylindrical cutouts of the foam guide 134 described in ¶ 41 and shown in fig. 3 form a space in which the compressor 122 is disposed and thus covered from all sides except for form the right (the direction of the evaporator 120) in the orientation of fig. 3.)
Pugh teaches limitations from claim 6 in figs. 2 and 3, shown above, the heat pump system of claim 1, wherein the noise cancelling device (foam guide 134) comprises a plurality of panels (“a stack of open cell foam sheets” as taught in ¶ 41) that are stacked to cover at least a portion of outer walls of the heat pump component (covering the compressor from all sides except for form the right (the direction of the evaporator 120) in the orientation of fig. 3.)
Pugh teaches limitations from claim 7 in figs. 2 and 3, shown above, the heat pump system of claim 1, wherein the panel comprises a plurality of wedge-shaped ridges (as shown in figs 2, the corners of the stepped foam sheets defining such wedge-shaped ridges).
Pugh teaches limitations from claim 9, the heat pump system of claim 1, wherein the panel (each of the “stack of open cell foam sheets” that form the foam guide 134) comprises a plurality of holes (being made of an “open cell foam” as taught in ¶ 41).
Pugh teaches limitations from claim 10, the heat pump system of claim 1, wherein the noise cancelling device is selected based on a frequency response of the heat pump system or the heat pump component. (Claim 10 represents only a product-by-process limitation, defining only the process for selection of the noise cancelling device rather than its structure or any property of the foam derived from “a frequency response of the heat pump system or the heat pump component”. For this reason Pugh, which teaches the structure required by the claim, is found to anticipate the claim because the claim is not limited by the process by which parts are selected except where structural limitations are required by this process. See MPEP 2113 Product-by-Process Claims and particularly §1.)
Pugh teaches limitations from claim 11 in figs. 2 and 3, shown above, a heat pump water heater (the water heater 50 of Pugh is referred to as a “heat pump water heater” in ¶ 12) system comprising:
a housing (outer housing 54) defining an interior chamber (particularly the upper volume 74 taught in ¶ 30);
a heat pump component (the various components shown in the upper volume 74 in fig. 2, taught in ¶ 34 to include a compressor 122, expansion valve 118, evaporator 120, fan 124 and fan motor 134. Examiner notes that Pugh uses the numeral 134 to refer to both the fan motor 134 and the foam guide 134; to promote clarity of the record, each mention of this reference numeral within this Office Action will specifically identifying which of the elements is being referenced or discussed) disposed inside the housing (in the upper volume 74 of the housing 54 in fig. 2), wherein the heat pump component generates sound waves during operation of the heat pump component (with the fan and compressor both generating noise discussed in ¶¶ 40-41, e.g. “By disposing opening 128 through top portion 68 (as opposed to a side surface of the tank), compressor noise is directed upward, thereby minimizing noise levels directed to individuals near water heater 50.” and “Foam guide 134, embodied as stepped sections of foam but in other embodiments comprising a continuous transition surface, baffles both fan/compressor noise and the air flow from inlet 128 toward evaporator coil 120.” (emphasis by examiner)); and
a noise cancelling device (foam guide 134) configured to at least partially cover at least one of: one or more housing inner walls (as shown in figs. 2 and 3) and the heat pump component (as shown in fig. 3, at least one side of the compressor 122 contacts and is thus “covered” by the foam guide 134),
wherein the noise cancelling device (foam guide 134) comprises a panel having a pattern configured to minimize sound wave transmission from the heat pump component (as shown in figs. 2 and 3 and taught in ¶ 41, the stepped sections of the foam guide, formed as stacked foam sheets, function to baffle fan and compressor noise and reduce the formation of eddies in the airflow through the space 74), and wherein the pattern comprises a plurality of ridges (as shown in figs 2, the corners of the stepped foam sheets defining such wedge-shaped ridges) or holes (being made of an “open cell foam” as taught in ¶ 41).
Regarding the limitations of claim 12, refer to the above rejections of claim 11 upon which claim 12 depends and of claim 2 which presents equivalent limitations.
Regarding the limitations of claim 13, refer to the above rejections of claim 11 upon which claim 13 depends and of claim 3 which presents equivalent limitations.
Regarding the limitations of claim 15, refer to the above rejections of claim 11 upon which claim 15 depends and of claim 5 which presents equivalent limitations.
Regarding the limitations of claim 16, refer to the above rejections of claim 11 upon which claim 16 depends and of claim 6 which presents equivalent limitations.
Regarding the limitations of claim 17, refer to the above rejections of claim 11 upon which claim 17 depends and of claim 7 which presents equivalent limitations.
Pugh teaches limitations from claim 19 in figs. 2 and 3, shown above, a method to mount a noise cancelling device (foam guide 134) in a heat pump system (the water heater 50 of Pugh is referred to as a “heat pump water heater” in ¶ 12, with the elements in the upper volume 74 referred to as a “heat pump system” having “heat pump components” in ¶ 30), the method comprising:
selecting a noise cancelling device (the foam guide 134) from a plurality of noise cancelling devices (as taught in ¶ 41, other embodiments of the stepped foam guide 134 such as a guide having a plurality of baffles and or metal tuning vanes) to minimize sound wave transmission from the heat pump system (as taught in ¶ 41), wherein the heat pump system comprises:
a housing (outer housing 54) defining an interior chamber (particularly the upper volume 74 taught in ¶ 30) of the heat pump system, and
a heat pump component (the various components shown in the upper volume 74 in fig. 2, taught in ¶ 34 to include a compressor 122, expansion valve 118, evaporator 120, fan 124 and fan motor 134. Examiner notes that Pugh uses the numeral 134 to refer to both the fan motor 134 and the foam guide 134; to promote clarity of the record, each mention of this reference numeral within this Office Action will specifically identifying which of the elements is being referenced or discussed) disposed inside the housing (in the upper volume 74 of the housing 54 in fig. 2), wherein the heat pump component generates sound waves during operation of the heat pump component (with the fan and compressor both generating noise discussed in ¶¶ 40-41, e.g. “By disposing opening 128 through top portion 68 (as opposed to a side surface of the tank), compressor noise is directed upward, thereby minimizing noise levels directed to individuals near water heater 50.” and “Foam guide 134, embodied as stepped sections of foam but in other embodiments comprising a continuous transition surface, baffles both fan/compressor noise and the air flow from inlet 128 toward evaporator coil 120.” (emphasis by examiner));
wherein the noise cancelling device (foam guide 134) is configured to cover at least one of: housing inner walls (as shown in figs. 2 and 3) and the heat pump component (as shown in fig. 3, at least one side of the compressor 122 contacts and is thus “covered” by the foam guide 134), and wherein the noise cancelling device is a panel having a pattern (as shown in figs. 2 and 3 and taught in ¶ 41, the stepped sections of the foam guide, formed as stacked foam sheets, function to baffle fan and compressor noise and reduce the formation of eddies in the airflow through the space 74);
selecting a position to mount the noise cancelling device (the foam guide 134 as shown in figs. 2 and 3); and
mounting the noise cancelling device (foam guide 134) in the heat pump system (as shown in figs. 2 and 3).
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.
Claims 4, 8, 14, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Pugh as applied to claims 1 and 11 above, and further in view of WIPO Publication No. 93/01454 A1 to Jung et al.
An English translation of Jung has been provided with this Office Action and citations to specific passages and paragraphs of this reference are directed to this translation rather than to the German-language original document.
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Regarding claim 4, Pugh teaches a heat pump water heater having an upper space in which a compressor, evaporator, fan, and fan motor of the heat pump are disposed, this space further including a foam guide formed of stacked sheets of open cell foam providing a recess between a wall of the upper space and the evaporator in which the compressor is disposed and forming a stepped surface taught to baffle air flow and reduce operating noise from both the compressor and the fan. Pugh does not teach this noise-reducing foam guide being disposed also on a top wall of the upper space. Jung teaches in fig. 1, shown above, and in ¶¶ 36-37 and 40, an air handing device in which air being drawn from an inlet (11) to a fan (13) through an upper chamber which is provided with a sound insulation lining (23), this sound insulation lining provided as soundproofing panels made of foamed plastic and disposed along the ceiling (1) thereof as well as the floor (4) and sidewalls (2 and 3). It would have been obvious to one of ordinary skill in the art before the application was effectively filed to modify Pugh with the soundproofing installation, including on the interior of the upper surface of the top wall as taught by Jung in order to ensure that sound originating from the upper chamber of Pugh, including from airflow, from the compressor, and from the fan is baffled and reduced, reducing the overall noise audible outside of the heat pump water heater, regardless of the direction.
Regarding claim 8, Pugh does not teach the foam guide comprising a plurality of pyramid shaped ridges. Jung teaches in fig. 1, shown above, and in ¶ 40, the soundproofing panels of his invention being formed to be covered in pyramids. It would have been obvious to one of ordinary skill in the art before the application was effectively filed to modify in order to increase the reflection and scattering of sound energy relative to the stair-step pattern presented by Pugh (effectively scattering sound waves in two dimensions rather than one) providing a greater degree of noise reduction and soundproofing and quieter operation of the heat pump components.
Regarding the limitations of claim 14, refer to the above rejection of claim 11 upon which claim 14 depends and of claim 4 which presents equivalent limitations.
Regarding the limitations of claim 18, refer to the above rejection of claim 11 upon which claim 14 depends and of claim 8 which presents equivalent limitations.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Pugh as applied to claim 19 above, and further in view of US Publication No. 2014/0332189 A1 to Amick et al.
Regarding claim 20, Pugh teaches a heat pump water heater having an upper space in which a compressor, evaporator, fan, and fan motor of the heat pump are disposed, this space further including a foam guide formed of stacked sheets of open cell foam providing a recess between a wall of the upper space and the evaporator in which the compressor is disposed and forming a stepped surface taught to baffle air flow and reduce operating noise from both the compressor and the fan, this disclosure teaching the claimed method of selecting and positioning such a noise cancelling device as taught in claim 19. Pugh does not teach the noise cancelling device (or foam guide) being mounted in the system “via bonding”. Amick teaches in ¶ 19 a fan coil unit having a cabinet (12) formed of panels (20) and provided on an interior surface (38) thereof an elastomeric foam insulation (40) equivalent to the foam guide of Pugh and particularly teaches that “the elastomeric foam insulation 40 is bonded to the interior surface 38 of each panel 20, such as with glue or another adhesive for example”. It would have been obvious to one of ordinary skill in the art before the application was effectively filed to modify Pugh with the adhesive installation of the foam taught by Amick because glue or a similar adhesive allows for installation of the foam without tools or physical modification of the housing (e.g. drilling holes for receiving screws or bolts) thus allowing for easy installation including retrofit of the foam guide of Pugh into new or preexisting heat pump systems.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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US Publication 2025/0123008 A1 to Wang et al. teaches in fig. 2, shown above, an outdoor unit (25) of a heat pump system having a compressor (30) around which is disposed “a sound and vibration damping enclosure 100” internal to a housing of the unit (25) and arranged to substantially cover the compressor to reduce the noise output therefrom.
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US Publication No. 2024/0263836 A1 to Mahajan et al. teaches in figs. 4 and 6, shown above, a heat pump water heater having an upper housing (305) for containing components of the heat pump including a compressor (314), an evaporator (310) and a fan (308) (the evaporator 506 and fan 505 being equivalents in the more detailed embodiment of fig. 6). In the embodiment of fig. 6, the compressor is surrounded by a dome shaped diffuser (508) and one or more pieces of foam insulation (602 and 604) are provided to control airflow and dampen noise generated by the heat pump, with ¶ 23 teaching that the insulation may be “in the form of a cone or wedge”.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL C COMINGS whose telephone number is (571)270-7385. The examiner can normally be reached Monday - Friday, 8:30 AM to 5 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jerry-Daryl Fletcher can be reached at (571)270-5054. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/DANIEL C COMINGS/Examiner, Art Unit 3763
/JERRY-DARYL FLETCHER/Supervisory Patent Examiner, Art Unit 3763
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