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 .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 5-6 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
The term “acceptable” in claims 5-6 is a relative term which renders the claim indefinite. The term “acceptable” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Clarification is requeseted.
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 1-6 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-5 of U.S. Patent No. US 12,209,777. Although the claims at issue are not identical, they are not patentably distinct from each other because:
Application 18/975,815
US Patent 12,209,777
1. A method of operating a vapor compression system comprising a first compressor, a second compressor, a condenser, at least one check valve disposed between the first compressor and the condenser, and an isolation valve positioned between an evaporator and the first compressor, the method comprising: transmitting a shutdown command to at least one of the first compressor and the second compressor, at least one of the first compressor and second compressor comprising a rotating shaft and a magnetic bearing, the magnetic bearing comprising an active mode and an inactive mode, the magnetic bearing levitating the rotating shaft in the active mode; monitoring at least one of a rotational speed of the rotating shaft and a differential pressure over the check valve for a preset time, wherein the magnetic bearing remains in the active mode at least during the preset time; and closing the isolation valve when the rotational speed of the rotating shaft of the first compressor does not reach the acceptable threshold within the preset time.
1. A vapor compression system, comprising:
a condenser for transferring heat from a working fluid to an external fluid medium;
a first compressor and a second compressor in fluid communication with the condenser, at least one of the first compressor and the second compressor comprising:
an electric motor for driving a rotating shaft;
a magnetic bearing for levitating the rotating shaft when in an active mode, the magnetic bearing disposed adjacent to the electric motor; and
a touchdown bearing configured to rotate and support the rotating shaft when the magnetic bearing is in an inactive mode, the touchdown bearing disposed adjacent to the rotating shaft;
a check valve in fluid communication with the condenser and at least one of the first compressor and the second compressor;
a controller configured to control at least one of the first compressor and the second compressor, the controller configured to receive a shutdown command for one of the first compressor and the second compressor, the controller in communication with at least one sensor disposed within the compressor in shutdown, the sensor configured to monitor at least one of a rotational speed of the rotating shaft and a differential pressure over the check valve for a preset time, wherein the controller maintains the magnetic bearing in the active mode at least during the preset time and further wherein the controller is configured to put the other of the first compressor or the second compressor into shutdown when the rotational speed or the differential pressure over the check valve for the preset time does not reach an acceptable threshold within the preset time; and
an isolation valve positioned between an evaporator and the first compressor, the isolation valve configured to prevent flow of the working fluid into the first compressor
wherein the isolation valve is in communication with the controller, the controller configured to close the isolation valve when the rotational speed of the rotating shaft of the first compressor does not reach the acceptable threshold within the preset time.
2. The method of claim 1, wherein the preset time is less than ten minutes after the shutdown command is transmitted.
2. The vapor compression system of claim 1, wherein the preset time is less than ten minutes after the shutdown command is transmitted to the controller.
3. The method of claim 1, further comprising switching the magnetic bearing from the active mode to the inactive mode when the rotational speed reaches an acceptable threshold.
3. The vapor compression system of claim 1, wherein the controller switches the magnetic bearing from the active mode to the inactive mode when the rotational speed reaches the acceptable threshold.
4. The method of claim 3, wherein the acceptable threshold is less than 50 RPMs.
4. The vapor compression system of claim 3, wherein the acceptable threshold is less than 50 RPMs.
5. The method of claim 1, further comprising transmitting a shutdown command to the other of the first compressor or the second compressor when the rotational speed does not reach an acceptable threshold within the preset time.
3. The vapor compression system of claim 1, wherein the controller switches the magnetic bearing from the active mode to the inactive mode when the rotational speed reaches the acceptable threshold.
6. The method of claim 1, further comprising activating an alarm when the rotational speed does not reach an acceptable threshold within the preset time.
5. The vapor compression system of claim 1, wherein the controller activates an alarm when the rotational speed does not reach the acceptable threshold within the preset time.
Allowable Subject Matter
Claims 1-6 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
The closest prior art of record is Liu (CN109855338A) in view of Perevozchikov (US 2014/0241909) in view of Nakazawa (US 2020/0096220) and Platt (US 2015/0198353).
The prior art of record when considered as a whole, either alone or in combination, does not anticipate or render obvious:
A method of operating a vapor compression system comprising a first compressor, a second compressor, a condenser, at least one check valve disposed between the first compressor and the condenser, and an isolation valve positioned between an evaporator and the first compressor, the method comprising: transmitting a shutdown command to at least one of the first compressor and the second compressor, at least one of the first compressor and second compressor comprising a rotating shaft and a magnetic bearing, the magnetic bearing comprising an active mode and an inactive mode, the magnetic bearing levitating the rotating shaft in the active mode; monitoring at least one of a rotational speed of the rotating shaft and a differential pressure over the check valve for a preset time, wherein the magnetic bearing remains in the active mode at least during the preset time; and closing the isolation valve when the rotational speed of the rotating shaft of the first compressor does not reach the acceptable threshold within the preset time.
Liu as modified teaches an vapor compression system where Liu provides the majority of the base structure for the claimed invention, with Perevozchikov and Nakazawa providing the missing elements of the second compressor and touchdown bearing. Further, Platt is provided to teach the isolation valves to isolate the evaporator and condenser from the compressor. However, the combination of references do not teach " closing the isolation valve when the rotational speed of the rotating shaft of the first compressor does not reach the acceptable threshold within the preset time.”
In the Examiner's opinion, it would not be obvious to one of ordinary skill in the art to further modify the prior art structures to arrive at the claimed invention, absent impermissible hindsight.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NAEL N BABAA whose telephone number is (571)270-3272. The examiner can normally be reached M-F, 9-5 EST.
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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.
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/NAEL N BABAA/Primary Examiner, Art Unit 3763
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