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 .
Status of Claims
This Office Action is in response to the remarks and amendments filed on 10/2/2026. Claims 1-16 and 18-20 are pending for consideration in this Office Action.
Response to Amendment
The objections to the abstract have been withdrawn in light of the amendments filed. The rejections pursuant to 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph have been withdrawn in light of the amendments filed.
Allowable Subject Matter
Claims 1, 12 and 16 are allowable.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1, 12 and 16 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims of U.S. Patent No 12,163,700, hereinafter the “700 Patent” in view of Itou (JPH09295510A, hereinafter “Itou”).
For example:
Regarding Claim 1, the 700 Patent teaches a heat pump for a heating, ventilation, and air conditioning (HVAC) system [700 Patent at Claims 1 & 2], comprising:
a first compressor configured to direct a working fluid along a working fluid circuit of the heat pump [700 Patent at Claims 1 & 2];
a second compressor configured to direct the working fluid along the working fluid circuit [700 Patent at Claims 1 & 2];
a valve disposed along a suction conduit portion of the working fluid circuit extending between a first suction inlet of the first compressor and a second suction inlet of the second compressor [700 Patent at Claims 1 & 2]; and
a controller configured to: receive a call for conditioning, wherein the call for conditioning is indicative of a load demand of a thermal load [700 Patent at claim 2];
determine an operating mode of the heat pump based on the load demand; and adjust operation of the first compressor, the second compressor, and the valve to operate the heat pump in the operating mode [700 Patent at claim 2] and Itou teaches
where a controller [14] comprises processing circuitry [implicit at 0016-0020; where the controller processes signals and compares at least a temperature deviation] configured to: receive a call for conditioning, wherein the call for conditioning is indicative of a load demand of a thermal load [0015-0020]; the load demand being determined based on a measured temperature by a sensor [12] and a set point temperature received from a user via a user interface of the controller or control device [0016; at least room temperature setting device 11]. One skilled in the art would have been motivated to make the combination as Itou provides the structure that realizes control of the heat pump system.
Claims 2-11 are subject to Double Patenting rejection based upon dependency.
Regarding Claim 12, the 700 Patent teaches a heat pump for a heating, ventilation, and air conditioning (HVAC) system [700 Patent at Claims 10 & 4], comprising:
a first compressor fluidly coupled to a working fluid circuit [700 Patent at Claims 10-14];
a second compressor fluidly coupled to the working fluid circuit, wherein the first compressor and the second compressor are arranged in parallel with one another, and a first capacity of the first compressor is less than a second capacity of the second compressor [700 Patent at Claims 10-14];
a first control valve fluidly coupled to the working fluid circuit and configured to adjust flow of working fluid to the first compressor or the second compressor [700 Patent at Claims 10-14];
a second control valve fluidly coupled to the working fluid circuit and configured to adjust flow of working fluid to a heat exchanger disposed along the working fluid circuit, wherein the heat exchanger is configured to place a first flow of working fluid in a second heat exchange relationship with a second flow of working fluid [700 Patent at Claims 10-14]; and
a controller communicatively coupled to the first compressor, the second compressor, the first control valve, and the second control valve, wherein the controller is configured to: receive a call for conditioning associated with a conditioned space [700 Patent at Claims 10-14];
determine a conditioning demand of the conditioned space based on the call for conditioning [700 Patent at Claims 10-14]; and
control operation of the first compressor, the second compressor, the first control valve, and the second control valve in an operating mode based on the conditioning demand [700 Patent at Claims 10-14] and Itou teaches a controller [14] and where
the load demand being determined based on a measured temperature by a sensor [12] and a set point temperature received from a user via a user interface of the controller or a control device [0016; at least room temperature setting device 11]. One skilled in the art would have been motivated to make the combination as Itou provides the structure that realizes control of the heat pump system.
Claims 13-15 are subject to Double Patenting rejection based upon dependency.
Regarding Claim 16, the 700 Patent teaches a controller comprising processing circuitry for a heat pump of a heating, ventilation, and air conditioning (HVAC) system [700 Patent at Claims 10 & 11],
and based on a comparison of the conditioning demand to one or more threshold demand levels, adjust operation of: a first compressor of the heat pump configured to direct a working fluid along a working fluid circuit of the heat pump, a second compressor of the heat pump configured to direct the working fluid along the working fluid circuit, wherein the first compressor comprises a first capacity and the second compressor comprises a second capacity greater than the first capacity [700 Patent at Claims 10 & 14], and
a valve disposed along the working fluid circuit between a first suction conduit fluidly coupling the working fluid circuit to a first inlet of the first compressor and a second suction conduit fluidly coupling the working fluid circuit to a second inlet of the second compressor, wherein the one or more threshold demand levels comprises a first threshold demand level [700 Patent at Claim 10], and
the controller is configured to operate the first compressor, stay operation of the second compressor, and open the valve based on a determination that the conditioning demand is less than the first threshold demand level [700 Patent at Claims 10 & 14] and Itou teaches where the controller is configured to: receive a call for conditioning associated with a space configured to be conditioned by the HVAC system [0016-0020], wherein the call for conditioning is indicative of a load demand of a thermal load, the load demand being determined based on a measured temperature by a sensor [12] and a set point temperature received from a user via a user interface of the controller or a control device [0016; at least room temperature setting device 11].
where a controller [14] comprises processing circuitry [implicit at 0016-0020; where the controller processes signals and compares at least a temperature deviation] configured to: receive a call for conditioning, wherein the call for conditioning is indicative of a load demand of a thermal load [0015-0020]; the load demand being determined based on a measured temperature by a sensor [12] and a set point temperature received from a user via a user interface of the controller or control device [0016; at least room temperature setting device 11] and determine a conditioning demand of the space based on the call for conditioning [0016]. One skilled in the art would have been motivated to make the combination as Itou provides the structure that realizes control of the heat pump system
Claims 18-20 are subject to Double Patenting rejection based upon dependency.
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 LARRY L FURDGE whose telephone number is (313)446-4895. The examiner can normally be reached M-R 6a-3p; F 6a-10a.
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 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.
/LARRY L FURDGE/ Primary Examiner, Art Unit 3763
