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 .
This Office action is in response to the application filed 12/20/2024. The Examiner notes that claim 19 does not appear in the listing of claims and for purposes of compact prosecution, claim 19 will be interpreted as being cancelled. Claims 1-18 and 20-24 are pending.
Claim Objections
The numbering of claims is not in accordance with 37 CFR 1.126 which requires the original numbering of the claims to be preserved throughout the prosecution. When claims are canceled, the remaining claims must not be renumbered. When new claims are presented, they must be numbered consecutively beginning with the number next following the highest numbered claims previously presented (whether entered or not).
Misnumbered claim 19 has been renumbered: 19. (cancelled).
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 1-24 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.
Claim 1 recites the limitation "the hybrid heat pump control system" in line 8. There is insufficient antecedent basis for this limitation in the claim.
Claim 23 recites the limitation "the hybrid heat pump control system" in lines 7-8. There is insufficient antecedent basis for this limitation in the claim.
Claims not explicitly referenced are included in the rejection for being dependent on an indefinite claim.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-2, 4-10, 14-18, 20, 22-24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Akin et al. (US Pat. 10,072,856) in view of Zinger et al. (US PG Pub. 2012/0205077).
Regarding claim 1, Akin discloses a method for conditioning air in a space comprising: operating a hybrid pump system (10, Fig. 1A) in response to one or more demands for conditioning the air in the space, wherein the hybrid heat pump system comprises a heat pump loop (loop including 125, 126, 136) and a hydronic loop (loop including 141, 142, 140), wherein the hybrid heat pump system comprises a space heat exchanger (136) in an air circuit to supply conditioned air to the space (air circuit with fan 134), wherein the hydronic loop comprises a hydronic heat exchanger (140) positioned with the space heat exchanger in the air circuit (Fig. 1A), and wherein the hybrid heat pump control system (controller 150) is configured to operate the heat pump loop and the hydronic loop in response to the one or more demands for conditioning the air in the space in a plurality of modes, wherein the plurality of modes includes a heat pump loop cooling mode (column 13, lines 25-28), a heat pump loop heating mode (column 13, lines 29-31), a hydronic loop heating mode (hydronic coil operated as primary heating coil; column 13, lines 38-42), a combined heat pump loop and hydronic loop heating mode (hydronic coil operated as booster heating coil; column 13, lines 38-42), and a dehumidification mode (column 13, lines 42-45).
Akin does not explicitly teach the plurality of modes includes a hydronic loop cooling mode and a combined heat pump loop and hydronic loop cooling mode.
Zinger teaches the concept of a hybrid heat pump system (100) including a heat pump loop (loop connected to primary heat exchanger through 124, 126, 130 can be a heat pump; at least paragraphs 25, 29) and a hydronic loop (loop connected to auxiliary heat transfer component 116 through 140, 142) that can operate in a hydronic loop cooling mode (auxiliary heat transfer unit, AHTC can provide cooling; paragraphs 23-25) and a combined heat pump loop and hydronic loop cooling mode (heat pump loop and operate with hydronic loop to provide heating and cooling; paragraphs 23-25). Zinger teaches having the hydronic loop that can provide both heating and cooling provides the benefits of being configured for use in case of a failure of the primary heat exchanger, configured in concert with the primary heat exchanger to provide supplemental heat transfer capacity, as well as an improved ability to more accurately deliver a desired rate of heat transfer to deliver air to the conditioned space at a selected temperature with greater control (see at least paragraphs 23-24). Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing to modify the method of Akin to have the plurality of operating modes including a hydronic loop cooling mode and a combined heat pump loop and hydronic loop cooling mode taught by Zinger in order to allow the system to be configured for use in case of a failure of the primary heat exchanger, configured in concert with the primary heat exchanger to provide supplemental heat transfer capacity, as well as an improved ability to more accurately deliver a desired rate of heat transfer to deliver air to the conditioned space at a selected temperature with greater control.
Regarding claim 2, Akin as modified discloses the method of claim 1, but does not explicitly teach comprising selectively operating the hydronic loop in a reheat mode.
Zinger further teaches selectively operating the hydronic loop in a reheat mode (hydronic coil reheats air after passing heat pump evaporator coil) in order to warm the air so that a selected delivery temperature is reached (paragraph 24). Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing to modify the method of Akin to provide selectively operating the hydronic loop in a reheat mode taught by Zinger in order to raise the temperature of the air after passing the heat pump heat exchanger in order to achieve a desired supply air temperature.
Regarding claim 4, Akin as modified discloses the method of claim 1, comprising selectively operating the hydronic loop independent of the heat pump loop (column 5, lines 4-12; column 8, lines 55-67; column 13, lines 25-42).
Regarding claim 5, Akin as modified discloses the method of claim 4, and Zinger further teaches comprising operating the hydronic loop in the hydronic loop cooling mode while the heat pump loop is inactive (the AHTC may be configured for use in the case of failure of a PHE; paragraph 23).
Regarding claim 6, Akin as modified discloses the method of claim 4, comprising operating the hydronic loop in the hydronic loop heating mode while the heat pump loop is inactive (column 8, lines 55-67).
Regarding claim 7, Akin as modified discloses the method of claim 4, comprising operating the heat pump loop in the heat pump loop heating mode while the hydronic loop is inactive (heat pump loop in heating mode is operated when outdoor temperature is above a threshold temperature; column 8, lines 55-65).
Regarding claim 8, Akin as modified discloses the method of claim 4, comprising operating the heat pump loop in the heat pump loop cooling mode while the hydronic loop is inactive (column 5, lines 4-12; column 13, lines 26-28).
Regarding claim 9, Akin as modified discloses the method of claim 1, and Zinger further teaches comprising operating the heat pump loop and the hydronic loop in the combined heat pump loop and hydronic loop cooling mode (paragraph 23).
Regarding claim 10, Akin as modified discloses the method of claim 1, comprising operating the heat pump loop and the hydronic loop in the combined heat pump loop and hydronic loop heating mode (column 13, lines 9-11).
Regarding claim 14, Akin as modified discloses the method of claim 1, and Zinger further teaches wherein the hydronic heat exchanger (AHTC) and the space heat exchanger (PHE) of the heat pump loop are consolidated (consolidated in cabinet 102) in a single slab slit-fin construction (fin and tube type heat exchanger shown sectioned with a line or slit within cabinet 102; paragraph 28). It would have been obvious to one having ordinary skill in the art at the time of filing to have the hydronic heat exchanger and space heat exchanger of Akin to be consolidated into a single slab slit-fin construction, since it has been held that forming in one piece an article which has formerly been formed in two pieces and put together involves only routine skill in the art. Howard V. Detroit Stove Works, 150 U.S. 164 (1893).
Regarding claim 15, Akin as modified discloses the method of claim 1, but does not explicitly teach wherein the hydronic heat exchanger is positioned upstream of the space heat exchanger of the heat pump loop with respect to airflow.
Zinger teaches the hybrid heat pump system can be in an alternative arrangement with the hydronic heat exchanger (116, Fig. 2) is located upstream of the space heat exchanger (114) of the heat pump loop with respect to airflow (132) that achieves a blow-through air handling unit (paragraph 33). Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing to modify method of Akin to have the hydronic heat exchanger is located upstream of the space heat exchanger of the heat pump loop with respect to airflow taught by Zinger in order to rearrange the heat exchangers within the air handling unit to achieve a blow-through configuration and expected results.
Regarding claim 16, Akin as modified discloses the method of claim 1, wherein heat pump loop includes a source heat exchanger (126).
Regarding claim 17, Akin as modified discloses the method of claim 16, wherein the hydronic heat exchanger (140) is positioned in series arrangement with the space heat exchanger (136) with respect to air flow in the air circuit (Fig. 1A).
Regarding claim 18, Akin as modified discloses the method of claim 17, wherein the hydronic heat exchanger (140) is positioned downstream of the space heat exchanger (136) with respect to air flow in the air circuit (Fig. 1A).
Regarding claim 20, Akin as modified discloses the method of claim 17, but does not explicitly teach wherein the hydronic heat exchanger is positioned upstream of the space heat exchanger with respect to air flow in the air circuit.
Zinger teaches the hybrid heat pump system can be in an alternative arrangement with the hydronic heat exchanger (116, Fig. 2) is positioned upstream of the space heat exchanger (114) with respect to air flow in the air circuit (132) that achieves a blow-through air handling unit (paragraph 33). Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing to modify method of Akin to have the hydronic heat exchanger is positioned upstream of the space heat exchanger with respect to airflow taught by Zinger in order to rearrange the heat exchangers within the air handling unit to achieve a blow-through configuration and expected results.
Regarding claim 22, Akin as modified discloses the method of claim 1, wherein the hybrid heat pump system includes a controller (150, 151), wherein operating the hybrid heat pump system comprises controlling, by the controller, a sequence of operation of the heat pump loop and the hydronic loop according to a set point temperature of the air in the space in relation to a detected temperature of the air in the space (column 12, lines 18-26).
Regarding claim 23, Akin discloses a method for conditioning the air in a space comprising: operating a hybrid pump system (10, Fig. 1A) in response to the air conditioning demands in the space, wherein the hybrid heat pump system comprises a heat pump loop (loop including 125, 126, 136) and a hydronic loop (loop including 141, 142, 140), wherein the hybrid heat pump system comprises a space heat exchanger (136) in an air circuit supplying conditioned air to the space (air circuit with fan 134), wherein the hydronic loop comprises a hydronic heat exchanger (140) positioned with the space heat exchanger in the air circuit (Fig. 1A), and wherein the hybrid heat pump control system (controller 150) is capable of operating the heat pump loop and the hydronic loop in response to the air conditioning demands in the space in a plurality of modes, wherein the plurality of modes includes heat pump loop cooling (column 13, lines 25-28), heat pump loop heating (column 13, lines 29-31), hydronic loop heating (hydronic coil operated as primary heating coil; column 13, lines 38-42), combined heat pump loop and hydronic loop heating (hydronic coil operated as booster heating coil; column 13, lines 38-42), and dehumidification (column 13, lines 42-45).
Akin does not explicitly teach the plurality of modes includes a hydronic loop cooling and a combined heat pump loop and hydronic loop cooling.
Zinger teaches the concept of a hybrid heat pump system (100) including a heat pump loop (loop connected to primary heat exchanger through 124, 126, 130 can be a heat pump; at least paragraphs 25, 29) and a hydronic loop (loop connected to auxiliary heat transfer component 116 through 140, 142) that can operate in a hydronic loop cooling (auxiliary heat transfer unit, AHTC can provide cooling; paragraphs 23-25) and a combined heat pump loop and hydronic loop cooling (heat pump loop and operate with hydronic loop to provide heating and cooling; paragraphs 23-25). Zinger teaches having the hydronic loop that can provide both heating and cooling provides the benefits of being configured for use in case of a failure of the primary heat exchanger, configured in concert with the primary heat exchanger to provide supplemental heat transfer capacity, as well as an improved ability to more accurately deliver a desired rate of heat transfer to deliver air to the conditioned space at a selected temperature with greater control (see at least paragraphs 23-24). Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing to modify the method of Akin to have the plurality of operating modes including a hydronic loop cooling and a combined heat pump loop and hydronic loop cooling taught by Zinger in order to allow the system to be configured for use in case of a failure of the primary heat exchanger, configured in concert with the primary heat exchanger to provide supplemental heat transfer capacity, as well as an improved ability to more accurately deliver a desired rate of heat transfer to deliver air to the conditioned space at a selected temperature with greater control.
Regarding claim 24, Akin as modified discloses the method of claim 23, wherein in the combined cooling or combined heating mode of operation, the heat pump loop is activated first and the hydronic loop is activated second (heat pump is operated and if supply temperature falls below a comfortable level, water is pumped through hydronic coil to boost the supply air temperature; column 8, line 55 to column 9, line 5).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Akin et al. (US Pat. 10,072,856) in view of Zinger et al. (US PG Pub. 2012/0205077), further in view of Marois (US PG Pub. 2009/0107656).
Regarding claim 3, Akin as modified discloses the method of claim 1, but does not explicitly teach wherein the heat pump loop comprises a hot gas bypass and wherein the step of operating the hybrid pump system comprises selectively operating the hot gas bypass.
Marois teaches it is known for a heat pump loop to include a hot gas bypass (via bypass valve 3); and the step of operating the hybrid pump system comprises selectively operating the hot gas bypass that adds a level of adjustability to the system and is used to control the condenser capacity for energy conservation (paragraph 44). Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing to modify the method of Akin to have the heat pump loop comprises a hot gas bypass and wherein the step of operating the hybrid pump system comprises selectively operating the hot gas bypass taught by Marois in order to add a level of adjustability to the system and control the source heat exchanger capacity for energy conservation.
Claim(s) 11 is rejected under 35 U.S.C. 103 as being unpatentable over Akin et al. (US Pat. 10,072,856) in view of Zinger et al. (US PG Pub. 2012/0205077), further in view of Lochtefeld (US PG Pub. 2011/0088426).
Regarding claim 11, Akin as modified discloses the method of claim 1, but does not explicitly teach wherein the heat pump loop includes a variable capacity compressor for circulating a refrigerant through the heat pump loop.
Lochtefeld teaches the concept of a heat pump to include a compressor (15) that is a variable capacity compressor that allows the compressor capacity to be adjusted precisely to the system demand (paragraph 24). Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing to modify the method of Akin to have the compressor in the heat pump loop be a variable capacity compressor taught by Lochtefeld in order to allow the compressor capacity to be adjusted according to the demand on the system.
Claim(s) 12-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Akin et al. (US Pat. 10,072,856) in view of Zinger et al. (US PG Pub. 2012/0205077), further in view of Reytblat et al. (US PG Pub. 2017/0010029).
Regarding claim 12, Akin as modified discloses the method of claim 1, but does not explicitly teach wherein the hydronic loop includes a variable capacity pump for circulating water or brine through the hydronic loop.
Reytblat teaches the concept of a hydronic loop including a variable capacity pump for circulating water or brine through the hydronic loop (paragraph 62) that allow control of the pump to satisfy the cooling load demands without wasting energy (paragraph 63). Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing to modify the method of Akin to have the hydronic loop includes a variable capacity pump for circulating water or brine through the hydronic loop in order to vary the speed and circulation rate of the pump to satisfy the cooling demand without wasting energy.
Regarding claim 13, Akin as modified discloses the method of claim 1, and further teaches wherein the air circuit includes a blower (134) but does not explicitly teach wherein operating the air circuit comprises operating the blower at variable speeds.
Reytblat teaches the method of an air circuit that comprises operating the blower (735) at variable speeds that optimizes the operation of the cooling system to meet the variable cooling loads at the absolute minimum amount of energy consumption (paragraphs 70-71). Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing to modify the method of Akin by operating the air circuit comprising operating the blower at variable speeds taught by Reytblat in order to allow for variable fan speed operation to meet the cooling demand while minimizing energy consumption.
Allowable Subject Matter
Claim 21 is 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 prior art does not anticipate nor render obvious the combination set forth in the independent claims, and specifically does not show "activating the hydronic loop before activating the heat pump loop to initiate either the combined heat pump loop and hydronic cooling mode or the combined heat pump loop and hydronic heating mode". The closest prior art of record discloses a method with many of the limitations as claimed but not further including the particular steps in the arrangement as claimed. Although it is well known to provide a hybrid heat pump with compressor and hydronic heat exchangers, there is no teaching in the prior art of record that would, reasonably and absent impermissible hindsight, motivate one having ordinary skill in the art to modify the teachings of the prior art to incorporate the method including the combination of technical features in the arrangement as claimed. Thus, for at least the foregoing reasons, the prior art of record neither anticipates nor rendered obvious the present invention as set forth in claim 21.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH F TRPISOVSKY whose telephone number is (571)270-5296. The examiner can normally be reached M-F: 8AM-4PM.
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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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/JOSEPH F TRPISOVSKY/Primary Examiner, Art Unit 3763
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