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 Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over the Applicant provide prior art US Patent 4,475,360 to Suefuji.
In Reference to Claim 1
Suefuji discloses a climate-control system comprising: a compressor having a first scroll (Fig. 1, 5) and a second scroll (Fig. 1, 6) that cooperate to define a plurality of pockets therebetween, wherein the pockets include a radially outer pocket (Fig. 1, 8), a radially inner pocket (Fig. 1, 10), and an intermediate pocket (Fig. 1, 9) disposed radially between the radially outer and inner pockets, wherein the first scroll includes a capacity-modulation passage (Fig. 1, 16) in fluid communication with the intermediate pocket (Via port 15a/15b); an outdoor heat exchanger (Fig. 1, 22) in fluid communication with the compressor; an indoor heat exchanger (Fig. 1, 21) in fluid communication with the compressor; a fluid line (Fig. 1, 23) extending from the compressor to a location between the indoor and outdoor heat exchangers, wherein the fluid line is fluidly connected to the intermediate pocket via the capacity-modulation passage (Fig. 1, 16); and a control valve (Fig. 1, 26) controlling a flow of fluid through the fluid line, wherein the climate-control system is operable in a high-capacity mode, an intermediate-capacity mode, and a low-capacity mode, and wherein the control valve allows fluid flow through the fluid line in the high-capacity mode and in the low-capacity mode, and wherein the control valve prevents fluid flow through the fluid line in the intermediate-capacity mode.
The Office considers “high-capacity mode and low-capacity" as functional language. The use of the function language only requires that apparatus is capable of performing the function, and does not add any specific structural limitations to the apparatus. Since Suefuji discloses all the required structure, it must provide a functional of the high-capacity and low capacity operation. Furthermore, Suefuji teaches the object of the system is to save energy of the system during the heating or cooling process, obviously, the system would be operated in a high capacity mode or a lower capacity mode in order to save the energy.
In Reference to Claim 2
Suefuji discloses a flash tank (Fig. 1, 24) having a first opening (The opening connected to the line 34), a second opening (The opening connected to the line 35), and a third opening (The opening connected to the line 33), wherein the first opening is fluidly connected to the indoor heat exchanger, wherein the second opening is fluidly connected to the outdoor heat exchanger, and wherein the third opening in fluidly connected to the fluid line.
In Reference to Claim 3
Suefuji discloses a first expansion valve (Fig. 1, 23) disposed between and controlling fluid flow between the indoor heat exchanger and the first opening; and a second expansion valve (Fig. 1, 25) disposed between and controlling fluid flow between the outdoor heat exchanger and the second opening.
In Reference to Claim 4
Suefuji discloses the first (Fig. 1, 23) and second expansion valves (Fig. 1, 25) control a pressure a vapor working fluid in the flash tank (Fig. 1, 24)
The Office considers the operation process under the high capacity mode as functional language. The use of the function language only requires that apparatus is capable of performing the function, and does not add any specific structural limitations to the apparatus. Since Suefuji discloses all the inventions in terms of the structure, it must provide flow control function with meets the functional limitation. Furthermore, “apparatus claims cover what a device is, not what a device does.” Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990). (See MPEP 2114))
In Reference to Clain 5
Suefuji discloses the first (Fig. 1, 23) and second expansion valves (Fig. 1, 25) control a pressure a vapor working fluid in the flash tank (Fig. 1, 24)
The Office considers the operation process under the low capacity mode as functional language. The use of the function language only requires that apparatus is capable of performing the function, and does not add any specific structural limitations to the apparatus. Since Suefuji discloses all the inventions in terms of the structure, it must provide flow control function with meets the functional limitation. Furthermore, “apparatus claims cover what a device is, not what a device does.” Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990). (See MPEP 2114))
In Reference to Claim 6
Suefuji discloses a reversing valve (Fig. 1, 20) operable to switch the climate-control system between a heating mode and a cooling mode, and wherein the climate-control system.
In Reference to Claims 7 and 8
Suefuji disclose the climate-control system as recited in terms of structure.
The Office considers the operation process under the low capacity mode in heating or cooling mode as functional language. The use of the function language only requires that apparatus is capable of performing the function, and does not add any specific structural limitations to the apparatus. Since Suefuji discloses all the inventions in terms of the structure, it must provide flow control function with meets the functional limitation. Furthermore, “apparatus claims cover what a device is, not what a device does.” Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990). (See MPEP 2114))
In Reference to Claim 9
Suefuji discloses a climate-control system comprising: a compressor defining a suction chamber (Fig. 1, 8), a discharge chamber (Fig. 1, 1a), and an intermediate pocket (Fig. 1, 9) at a pressure between pressures of the suction and discharge chambers, wherein the compressor includes a capacity-modulation passage (Fig. 1, 28) in fluid communication with the intermediate pocket; an outdoor heat exchanger (Fig. 1, 22) in fluid communication with the compressor; an indoor heat exchanger (Fig. 1, 21) in fluid communication with the compressor; a fluid line (Fig. 33) extending from the compressor to a location between the indoor and outdoor heat exchangers, wherein the fluid line is fluidly connected to the intermediate pocket via the capacity-modulation passage (Fig. 1, 28); and a control valve (Fig. 1, 26) controlling a flow of fluid through the fluid line, wherein the climate-control system is operable in a high-capacity mode, an intermediate-capacity mode, and a low-capacity mode, and wherein the control valve allows fluid flow through the fluid line in the high-capacity mode and in the low-capacity mode, and wherein the control valve prevents fluid flow through the fluid line in the intermediate-capacity mode.
The Office considers “high-capacity mode and low-capacity" as functional language. The use of the function language only requires that apparatus is capable of performing the function, and does not add any specific structural limitations to the apparatus. Since Suefuji discloses all the required structure, it must provide a functional of the high-capacity and low capacity operation. Furthermore, Suefuji teaches the object of the system is to save energy of the system during the heating or cooling process, obviously, the system would be operated in a high capacity mode or a lower capacity mode in order to save the energy.
In Reference to Claim 10
Suefuji discloses a flash tank (Fig. 1, 24) having a first opening (The opening connected to the line 34), a second opening (The opening connected to the line 35), and a third opening (The opening connected to the line 33), wherein the first opening is fluidly connected to the indoor heat exchanger, wherein the second opening is fluidly connected to the outdoor heat exchanger, and wherein the third opening in fluidly connected to the fluid line.
In Reference to Claim 11
Suefuji discloses a first expansion valve (Fig. 1, 23) disposed between and controlling fluid flow between the indoor heat exchanger and the first opening; and a second expansion valve (Fig. 1, 25) disposed between and controlling fluid flow between the outdoor heat exchanger and the second opening.
In Reference to Claim 12
Suefuji discloses the first (Fig. 1, 23) and second expansion valves (Fig. 1, 25) control a pressure a vapor working fluid in the flash tank (Fig. 1, 24)
The Office considers the operation process under the high capacity mode as functional language. The use of the function language only requires that apparatus is capable of performing the function, and does not add any specific structural limitations to the apparatus. Since Suefuji discloses all the inventions in terms of the structure, it must provide flow control function with meets the functional limitation. Furthermore, “apparatus claims cover what a device is, not what a device does.” Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990). (See MPEP 2114))
In Reference to Claim 13
Suefuji discloses the first (Fig. 1, 23) and second expansion valves (Fig. 1, 25) control a pressure a vapor working fluid in the flash tank (Fig. 1, 24)
The Office considers the operation process under the low capacity mode as functional language. The use of the function language only requires that apparatus is capable of performing the function, and does not add any specific structural limitations to the apparatus. Since Suefuji discloses all the inventions in terms of the structure, it must provide flow control function with meets the functional limitation. Furthermore, “apparatus claims cover what a device is, not what a device does.” Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990). (See MPEP 2114))
In Reference to Claim 14
Suefuji discloses a reversing valve (Fig. 1, 20) operable to switch the climate-control system between a heating mode and a cooling mode, and wherein the climate-control system.
In Reference to Claims 15 and 16
Suefuji disclose the climate-control system as recited in terms of structure.
The Office considers the operation process under the low capacity mode in heating or cooling mode as functional language. The use of the function language only requires that apparatus is capable of performing the function, and does not add any specific structural limitations to the apparatus. Since Suefuji discloses all the inventions in terms of the structure, it must provide flow control function with meets the functional limitation. Furthermore, “apparatus claims cover what a device is, not what a device does.” Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990). (See MPEP 2114))
In Reference to Claim 17
Suefuji discloses A climate-control system comprising: a compressor having a first scroll (Fig. 1, 5) and a second scroll (Fig. 1, 6) that cooperate to define a plurality of pockets therebetween, wherein the pockets include a radially outer pocket (Fig. 1, 8), a radially inner pocket (Fig. 1, 10), and an intermediate pocket (Fig. 1, 9) disposed radially between the radially outer and inner pockets, wherein compressor includes a capacity-modulation passage (Fig. 1, 28) in fluid communication with the intermediate pocket; an outdoor heat exchanger (Fig. 1, 22) in fluid communication with the compressor; an indoor heat exchanger (Fig. 1, 21) in fluid communication with the compressor; a fluid line (Fig. 1, 33) extending from the compressor to a location between the indoor and outdoor heat exchangers, wherein the fluid line is fluidly connected to the intermediate pocket via the capacity-modulation passage (Fig. 1, 28); a flash tank (Fig. 1, 24) having a first opening (Fig. 1, the opening connected to line 34), a second opening (Fig. 1, the opening connected to 35), and a third opening (Fig. 1, the opening connected to line 33), wherein the first opening is fluidly connected to the indoor heat exchanger, wherein the second opening is fluidly connected to the outdoor heat exchanger, and wherein the third opening in fluidly connected to the fluid line; a first expansion valve (Fig. 1, 23) disposed between and controlling fluid flow between the indoor heat exchanger and the first opening; and a second expansion valve (Fig. 1, 25) disposed between and controlling fluid flow between the outdoor heat exchanger and the second opening, wherein the climate-control system is operable in a high-capacity mode, an intermediate-capacity mode, and a low-capacity mode, wherein in the high-capacity mode, the first and second expansion valves control a pressure a vapor working fluid in the flash tank to be higher than a pressure of working fluid in the intermediate pocket, thereby causing vapor working fluid in the flash tank to exit the flash tank through the third opening and flow through the fluid line toward the compressor, wherein in the low-capacity mode, the first and second expansion valves control a pressure a vapor working fluid in the flash tank to be lower than the pressure of working fluid in the intermediate pocket, thereby causing working fluid in the intermediate pocket to flow out of the compressor via the capacity-modulation passage and flow through the fluid line toward the flash tank, and wherein in the intermediate-capacity mode, fluid flow through the fluid line is prevented
The Office considers “high-capacity mode and low-capacity" as functional language. The use of the function language only requires that apparatus is capable of performing the function, and does not add any specific structural limitations to the apparatus. Since Suefuji discloses all the required structure, it must provide a functional of the high-capacity and low capacity operation. Furthermore, Suefuji teaches the object of the system is to save energy of the system during the heating or cooling process, obviously, the system would be operated in a high capacity mode or a lower capacity mode in order to save the energy.
In Reference to Claim 18
Suefuji discloses a reversing valve (Fig. 1, 20) operable to switch the climate-control system between a heating mode and a cooling mode, and wherein the climate-control system.
In Reference to Claims 19 and 20
Suefuji disclose the climate-control system as recited in terms of structure.
The Office considers the operation process under the low capacity mode in heating or cooling mode as functional language. The use of the function language only requires that apparatus is capable of performing the function, and does not add any specific structural limitations to the apparatus. Since Suefuji discloses all the inventions in terms of the structure, it must provide flow control function with meets the functional limitation. Furthermore, “apparatus claims cover what a device is, not what a device does.” Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990). (See MPEP 2114))
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US Patent Publication 2021/0010472.
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DEMING . WAN
Examiner
Art Unit 3762
/DEMING WAN/ Primary Examiner, Art Unit 3762 9/10/26
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