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 .
Acknowledgement is made of the preliminary amendment filed on 4/28/2025. Claim 1 is canceled. Claims 2-21 are new. Accordingly, claims 2-21 are pending for consideration on the merits in this Office Action.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 2/18/2025 and 9/25/2025 were filed on or after the mailing date of the application. The submissions are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
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 9-21 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.
Regarding Claim 9, the recitation of “…a controller coupled to the indoor fan and the compressor, wherein the controller is configured to: determine a target dew point temperature based on desired indoor conditions for the indoor space; determine an initial dew point temperature based on an initial set of indoor conditions of the indoor space; determine an updated dew point temperature based on an updated set of indoor conditions of the indoor space; determine a dew point error based on a difference between the target dew point temperature and the updated dew point temperature; set, during a cooling mode, a target coil temperature of a coil of an indoor heat exchanger of the climate control system based on a difference between the target dew point temperature and the initial dew point temperature; adjust, during the cooling mode, the target coil temperature to an adjusted target coil temperature, in part, using a proportional and integral control loop that utilizes the dewpoint error as a feedback; and adjust, during the cooling mode, a component of the HVAC equipment based on the adjusted target coil temperature, to reduce a difference between a coil temperature of the coil and the adjusted target coil temperature, wherein the component of the HVAC equipment includes at least one of an indoor fan and a compressor,” renders the claim unclear.
For example, the claim purports to have a controller that is configured to perform the functional steps of “determining” and “adjusting.” However, pursuant to MPEP 2173.05(g), the use of functional language in a claim may fail "to provide a clear-cut indication of the scope of the subject matter embraced by the claim" and thus be indefinite.
For example, when claims merely recite a description of a problem to be solved or a function or result achieved by the invention, the boundaries of the claim scope may be unclear without reciting the particular structure, materials or steps that accomplish the function or achieve the result. Therefore, all means or methods of resolving the problem may be encompassed by the claim.
In this instance, the claim does not recite the particular structure, materials or steps that accomplish the function of “determining an initial dew point temperature” based on indoor conditions. Additionally, the claim does not recite the particular structure, materials or steps that accomplish the function of “adjusting a component of the HVAC equipment” based on a difference between a coil temperature and a target coil temperature”.
It appears the claim is deficient of detectors or sensors that provide inputs to the controller.
Thus, one skilled in the art would not necessarily have the ability to ascertain the metes and bounds of the particular claim limitation.
Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Regarding Claim 11, the recitation of “…wherein the controller configured to adjust the component of the HVAC equipment is further configured to: determine the coil temperature is above the target coil temperature after decreasing the speed of air flowing across the coil to the predetermined minimum speed; and further increase the speed of the compressor based on the determination of the coil temperature,” renders the claim unclear.
For example, the claim purports to have a controller that is configured to perform the functional step(s) of “determining.” However, pursuant to MPEP 2173.05(g), the use of functional language in a claim may fail "to provide a clear-cut indication of the scope of the subject matter embraced by the claim" and thus be indefinite.
For example, when claims merely recite a description of a problem to be solved or a function or result achieved by the invention, the boundaries of the claim scope may be unclear without reciting the particular structure, materials or steps that accomplish the function or achieve the result. Therefore, all means or methods of resolving the problem may be encompassed by the claim.
In this instance, the claim does not recite the particular structure, materials or steps that accomplish the function of “determining [if] the coil temperature is above a target coil temperature.”
It appears the claim is deficient of detectors or sensors that provide inputs to the controller.
Thus, one skilled in the art would not necessarily have the ability to ascertain the metes and bounds of the particular claim limitation.
Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Regarding Claim 12, the recitation of “…wherein determining the coil temperature is based on a measurement of the refrigerant pressure,” renders the claim unclear.
For example, the claim purports to have a controller that is configured to perform the functional step(s) of “determining.” However, pursuant to MPEP 2173.05(g), the use of functional language in a claim may fail "to provide a clear-cut indication of the scope of the subject matter embraced by the claim" and thus be indefinite.
For example, when claims merely recite a description of a problem to be solved or a function or result achieved by the invention, the boundaries of the claim scope may be unclear without reciting the particular structure, materials or steps that accomplish the function or achieve the result. Therefore, all means or methods of resolving the problem may be encompassed by the claim.
In this instance, the claim does not recite the particular structure, materials or steps that accomplish the function of “determining the coil temperature.”
It appears the claim is deficient of detectors or sensors that provide inputs to the controller.
Thus, one skilled in the art would not necessarily have the ability to ascertain the metes and bounds of the particular claim limitation.
Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Regarding Claim 16, the recitation of “…A controller for operating a climate control system, the controller comprising: a memory configured to store computer-readable program code including a control- related software application; and a processor configured to access the memory, and execute the computer-readable program code to cause the processor to at least: determine a target dew point temperature based on desired indoor conditions for the indoor space; determine an initial dew point temperature based on an initial set of indoor conditions of the indoor space; determine an updated dew point temperature based on an updated set of indoor conditions of the indoor space; determine a dew point error based on a difference between the target dew point temperature and the updated dew point temperature; set, during a cooling mode, a target coil temperature of a coil of an indoor heat exchanger of the climate control system based on a difference between the target dew point temperature and the initial dew point temperature; adjust, during the cooling mode, the target coil temperature to an adjusted target coil temperature, in part, using a proportional and integral control loop that utilizes the dewpoint error as a feedback; and adjust, during the cooling mode, a component of the HVAC equipment based on the adjusted target coil temperature, to reduce a difference between a coil temperature of the coil and the adjusted target coil temperature, wherein the component of the HVAC equipment includes at least one of an indoor fan and a compressor,” renders the claim unclear.
For example, the claim purports to have a controller that is configured to perform the functional steps of “determining” and “adjusting.” However, pursuant to MPEP 2173.05(g), the use of functional language in a claim may fail "to provide a clear-cut indication of the scope of the subject matter embraced by the claim" and thus be indefinite.
For example, when claims merely recite a description of a problem to be solved or a function or result achieved by the invention, the boundaries of the claim scope may be unclear without reciting the particular structure, materials or steps that accomplish the function or achieve the result. Therefore, all means or methods of resolving the problem may be encompassed by the claim.
In this instance, the claim does not recite the particular structure, materials or steps that accomplish the function of “determining an initial dew point temperature” based on indoor conditions. Additionally, the claim does not recite the particular structure, materials or steps that accomplish the function of “adjusting a component of the HVAC equipment” based on a difference between a coil temperature and a target coil temperature”.
It appears the claim is deficient of detectors or sensors that provide inputs to the controller.
Thus, one skilled in the art would not necessarily have the ability to ascertain the metes and bounds of the particular claim limitation.
Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Regarding Claim 18, the recitation of “…wherein the processor configured to adjust the component of the HVAC equipment is further configured to: determine the coil temperature is above the target coil temperature after decreasing the speed of air flowing across the coil to the predetermined minimum speed; and further increase the speed of the compressor based on the determination of the coil temperature,” renders the claim unclear.
For example, the claim purports to have a controller that is configured to perform the functional step(s) of “determining.” However, pursuant to MPEP 2173.05(g), the use of functional language in a claim may fail "to provide a clear-cut indication of the scope of the subject matter embraced by the claim" and thus be indefinite.
For example, when claims merely recite a description of a problem to be solved or a function or result achieved by the invention, the boundaries of the claim scope may be unclear without reciting the particular structure, materials or steps that accomplish the function or achieve the result. Therefore, all means or methods of resolving the problem may be encompassed by the claim.
In this instance, the claim does not recite the particular structure, materials or steps that accomplish the function of “determining [if] the coil temperature is above a target coil temperature.”
It appears the claim is deficient of detectors or sensors that provide inputs to the controller.
Thus, one skilled in the art would not necessarily have the ability to ascertain the metes and bounds of the particular claim limitation.
Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Regarding Claim 19, the recitation of “…wherein determining the coil temperature is based on a measurement of the refrigerant pressure,” renders the claim unclear.
For example, the claim purports to have a controller that is configured to perform the functional step(s) of “determining.” However, pursuant to MPEP 2173.05(g), the use of functional language in a claim may fail "to provide a clear-cut indication of the scope of the subject matter embraced by the claim" and thus be indefinite.
For example, when claims merely recite a description of a problem to be solved or a function or result achieved by the invention, the boundaries of the claim scope may be unclear without reciting the particular structure, materials or steps that accomplish the function or achieve the result. Therefore, all means or methods of resolving the problem may be encompassed by the claim.
In this instance, the claim does not recite the particular structure, materials or steps that accomplish the function of “determining the coil temperature.”
It appears the claim is deficient of detectors or sensors that provide inputs to the controller.
Thus, one skilled in the art would not necessarily have the ability to ascertain the metes and bounds of the particular claim limitation.
Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Allowable Subject Matter
Claims 2, 9 and 16 are allowable over prior art references.
Prior Art
Bagley et al. (US2014/0345307]
Bagley teaches a climate control system for an indoor space [fig 1], the climate control system comprising:
a heat exchanger [114], comprising a coil to flow refrigerant therethrough [0021]; a fan [152] configured to flow air over the coil [0021];
a compressor [102] configured to compress refrigerant that is to be flowed through the coil [0016]; and a controller [140] coupled to the indoor fan and the compressor [fig 1],
wherein the controller is configured to: determine a target dew point temperature based on desired indoor conditions for the indoor space [0023-0029];
determine an initial dew point temperature based on an initial set of indoor conditions of the indoor space [0033-0035];
determine an updated dew point temperature based on an updated set of indoor conditions of the indoor space [0045-0047];
wherein the component of the HVAC equipment includes at least one of an indoor fan and a compressor [fig 1].
Hill et al. (US2009/0299529)
Hill teaches a climate control system for an indoor space [fig 2A], the climate control system comprising:
a heat exchanger [18], comprising a coil to flow refrigerant therethrough [0035]; a fan [17] configured to flow air over the coil [0036; 0039];
a compressor [16] configured to compress refrigerant that is to be flowed through the coil [0036]; and
a controller [90] coupled to the indoor fan and the compressor [0036; fig 2A],
wherein the controller is configured to: determine a target dew point temperature based on desired indoor conditions for the indoor space [0048];
determine an initial dew point temperature based on an initial set of indoor conditions of the indoor space [0049];
determine an updated dew point temperature based on an updated set of indoor conditions of the indoor space [0049];
determine a dew point error based on a difference between the target dew point temperature and the updated dew point temperature [0049];
set, during a cooling mode, a target coil temperature of a coil of an indoor heat exchanger of the climate control system based on a difference between the target dew point temperature and the initial dew point temperature [0038; 0040; 0049-0051];
wherein the component of the HVAC equipment includes at least one of an indoor fan and a compressor [0036; 0076].
The prior art does not singularly or in combination teaches at least where the controller “…adjust, during the cooling mode, the target coil temperature to an adjusted target coil temperature, in part, using a proportional and integral control loop that utilizes the dewpoint error as a feedback; and adjust, during the cooling mode, a component of the HVAC equipment based on the adjusted target coil temperature, to reduce a difference between a coil temperature of the coil and the adjusted target coil temperature,
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 2-21 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-19 of U.S. Patent No. 12, 253,272, hereinafter the “272 Patent”. Although the claims at issue are not identical, they are not patentably distinct from each other because:
Regarding Claim 2, the 272 Patent teaches a method of operating a climate control system that includes HVAC equipment configured to provide conditioned air to an indoor space [claim 1], the method comprising:
determining a target dew point temperature based on desired indoor conditions for the indoor space [claim 1];
determining an initial dew point temperature based on an initial set of indoor conditions of the indoor space [claim 1];
determining an updated dew point temperature based on an updated set of indoor conditions of the indoor space [claim 1];
determining a dew point error based on a difference between the target dew point temperature and the updated dew point temperature [claim 1];
setting, during a cooling mode, a target coil temperature of a coil of an indoor heat exchanger of the climate control system based on a difference between the target dew point temperature and the initial dew point temperature [claim 1];
adjusting, during the cooling mode, the target coil temperature to an adjusted target coil temperature, in part, using a proportional and integral control loop that utilizes the dewpoint error as a feedback [claim 1]; and
adjusting, during the cooling mode, a component of the HVAC equipment based on the adjusted target coil temperature, to reduce a difference between a coil temperature of the coil and the adjusted target coil temperature [claim 1].
Regarding Claim 3, the 272 Patent teaches the invention of claim 2 above and teaches wherein the component of the HVAC equipment includes at least one of an indoor fan and a compressor [claim 1].
Regarding Claim 4, the 272 Patent teaches the invention of claim 2 above and teaches wherein adjusting the component of the HVAC equipment includes: decreasing the speed of air flowing across the coil of the indoor heat exchanger to a predetermined minimum speed of the indoor fan of the climate control system [claim 1; claim 3].
Regarding Claim 5, the 272 Patent teaches the invention of claim 4 above and teaches wherein adjusting the component of the HVAC equipment includes: determining the coil temperature is above the target coil temperature after decreasing the speed of air flowing across the coil to the predetermined minimum speed; and further increasing the speed of the compressor based on the determination of the coil temperature [claim 4].
Regarding Claim 6, the 272 Patent teaches the invention of claim 2 above and teaches wherein determining the coil temperature is based on a measurement of the refrigerant pressure [claim 5].
Regarding Claim 7, the 272 Patent teaches the invention of claim 2 above and teaches wherein the steps of determining the updated dew point and adjusting the target coil temperature are each repeated a plurality of times during the cooling mode to repeatedly adjust the target coil temperature, each of the plurality of times establishing an updated adjusted target coil temperature [claim 7].
Regarding Claim 8, the 272 Patent teaches the invention of claim 2 above and teaches wherein the proportional and integral control loop is a first proportional and integral control loop, and wherein adjusting the component of the HVAC equipment includes, in part, using a second proportional and integral control loop [claim 8].
Regarding Claim 9, the 272 Patent teaches a climate control system for an indoor space, the climate control system [claim 9] comprising:
a heat exchanger, comprising a coil to flow refrigerant therethrough [claim 9];
a fan configured to flow air over the coil [claim 9];
a compressor configured to compress refrigerant that is to be flowed through the coil [claim 9]; and
a controller coupled to the indoor fan and the compressor [claim 9], wherein the controller is configured to:
determine a target dew point temperature based on desired indoor conditions for the indoor space [claim 9];
determine an initial dew point temperature based on an initial set of indoor conditions of the indoor space [claim 9];
determine an updated dew point temperature based on an updated set of indoor conditions of the indoor space [claim 9];
determine a dew point error based on a difference between the target dew point temperature and the updated dew point temperature [claim 9];
set, during a cooling mode, a target coil temperature of a coil of an indoor heat exchanger of the climate control system based on a difference between the target dew point temperature and the initial dew point temperature [claim 9];
adjust, during the cooling mode, the target coil temperature to an adjusted target coil temperature, in part, using a proportional and integral control loop that utilizes the dewpoint error as a feedback [claim 9]; and
adjust, during the cooling mode, a component of the HVAC equipment based on the adjusted target coil temperature, to reduce a difference between a coil temperature of the coil and the adjusted target coil temperature, wherein the component of the HVAC equipment includes at least one of an indoor fan and a compressor [claim 9].
Regarding Claim 10, the 272 Patent teaches the invention of claim 9 above and teaches, wherein the controller configured to adjust the component of the HVAC equipment is further configured to: decrease the speed of air flowing across the coil of the indoor heat exchanger to a predetermined minimum speed of the indoor fan of the climate control system [claim 3, claim 10].
Regarding Claim 11, the 272 Patent teaches the invention of claim 10 above and teaches wherein the controller configured to adjust the component of the HVAC equipment is further configured to: determine the coil temperature is above the target coil temperature after decreasing the speed of air flowing across the coil to the predetermined minimum speed; and further increase the speed of the compressor based on the determination of the coil temperature [claim 3, claim 10].
Regarding Claim 12, the 272 Patent teaches the invention of claim 9 above and teaches wherein determining the coil temperature is based on a measurement of the refrigerant pressure [claim 5].
Regarding Claim 13, the 272 Patent teaches the invention of claim 12 above and teaches further comprising a sensor located between the heat exchanger and the compressor, the sensor operably coupled to the controller and configured to provide the controller the measurements of the refrigerant pressure [claim 5].
Regarding Claim 14, the 272 Patent teaches the invention of claim 9 above and teaches wherein the controller is further configured to perform the steps of determining the updated dew point and adjusting the target coil temperature each repeatedly a plurality of times during the cooling mode to repeatedly adjust the target coil temperature, each of the plurality of times establishing an updated adjusted target coil temperature [claim 12].
Regarding Claim 15, the 272 Patent teaches the invention of claim 9 above and teaches wherein the proportional and integral control loop is a first proportional and integral control loop, and wherein the controller configured to adjust the component of the HVAC equipment is further configured to adjust the component of the HVAC equipment, in part, using a second proportional and integral control loop [claim 13].
Regarding Claim 16, the 272 Patent teaches a controller for operating a climate control system [claim 14], the controller comprising:
a memory configured to store computer-readable program code including a control- related software application [claim 14]; and
a processor configured to access the memory, and execute the computer-readable program code to cause the processor to at least: determine a target dew point temperature based on desired indoor conditions for the indoor space [claim 14];
determine an initial dew point temperature based on an initial set of indoor conditions of the indoor space [claim 14];
determine an updated dew point temperature based on an updated set of indoor conditions of the indoor space [claim 14];
determine a dew point error based on a difference between the target dew point temperature and the updated dew point temperature [claim 14];
set, during a cooling mode, a target coil temperature of a coil of an indoor heat exchanger of the climate control system based on a difference between the target dew point temperature and the initial dew point temperature [claim 14];
adjust, during the cooling mode, the target coil temperature to an adjusted target coil temperature, in part, using a proportional and integral control loop that utilizes the dewpoint error as a feedback [claim 14]; and
adjust, during the cooling mode, a component of the HVAC equipment based on the adjusted target coil temperature, to reduce a difference between a coil temperature of the coil and the adjusted target coil temperature, wherein the component of the HVAC equipment includes at least one of an indoor fan and a compressor [claim 14].
Regarding Claim 17, the 272 Patent teaches the invention of claim 9 above and teaches wherein the processor configured to adjust the component of the HVAC equipment is further configured to: decrease the speed of air flowing across the coil of the indoor heat exchanger to a predetermined minimum speed of the indoor fan of the climate control system [claim 3, claim 10].
Regarding Claim 18, the 272 Patent teaches the invention of claim 10 above and teaches wherein the processor configured to adjust the component of the HVAC equipment is further configured to: determine the coil temperature is above the target coil temperature after decreasing the speed of air flowing across the coil to the predetermined minimum speed; and further increase the speed of the compressor based on the determination of the coil temperature [claim 3, claim 10].
Regarding Claim 19, the 272 Patent teaches the invention of claim 9 above and teaches wherein determining the coil temperature is based on a measurement of the refrigerant pressure [claim 5].
Regarding Claim 20, the 272 Patent teaches the invention of claim 9 above and teaches wherein the processor is further configured to perform the steps of determining the updated dew point and adjusting the target coil temperature each repeatedly a plurality of times during the cooling mode to repeatedly adjust the target coil temperature, each of the plurality of times establishing an updated adjusted target coil temperature [claim 12].
Regarding Claim 21, the 272 Patent teaches the invention of claim 9 above and teaches wherein the proportional and integral control loop is a first proportional and integral control loop, and wherein the processor configured to adjust the component of the HVAC equipment is further configured to adjust the component of the HVAC equipment, in part, using a second proportional and integral control loop [claim 13].
Conclusion
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.
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/LARRY L FURDGE/ Primary Examiner, Art Unit 3763
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