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 added. 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 2/18/2026 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 Objections
Claim15 is objected to because of the following informalities: Claims 15 is objected to because the claim depends upon itself.
Appropriate correction is required.
Allowable Subject Matter
Claims 2-21 are allowable over prior art references.
Relevant Art
Amano et al. (JP2004271150A) teaches a heat pump system [0016], comprising: an indoor heat exchanger [4] comprising an indoor coil to flow refrigerant therethrough [0016];
an outdoor heat exchanger comprising an outdoor coil to flow refrigerant there-through [see 0014];
an indoor fan [5] configured to flow air over the indoor coil [0036];
a compressor configured to compress the refrigerant that is to be flowed through the indoor coil and the outdoor coil [see 0014]; and
a controller to be coupled to the indoor fan, and the compressor [0057], wherein the controller is configured to:
determine, a speed of a compressor of a heat pump system [see 0031 where frequency is controlled],
determine, a target indoor coil temperature of the indoor coil and the speed of the compressor, wherein the target indoor coil temperature corresponds to a desired parameter for a leaving air temperature associated with the indoor coil [0026; 0027]; and
adjust, during the heating mode, an operation of a component of the heat pump based on a difference between a current indoor coil temperature and the target indoor coil temperature to reduce the difference between the current indoor coil temperature and the target indoor coil temperature [0050; 0051].
Rite et al. (US2015/0068226) teaches a heat pump system [0002], comprising: an indoor heat exchanger comprising an indoor coil [102] to flow refrigerant therethrough [0020];
an outdoor heat exchanger comprising an outdoor coil [104] to flow refrigerant therethrough [0020];
a first sensor [114] configured to detect a value indicative of a temperature of the outdoor coil [0022];
an indoor fan [122] configured to flow air over the indoor coil [0024]; a compressor [101] configured to compress the refrigerant that is to be flowed through the indoor coil and the outdoor coil [0019]; and
a controller [at least the assembly of controller 130, inverter drive 131; where the controller possesses memory and processing that executes instruction] to be coupled to the first sensor, the indoor fan, and the compressor [0026],
wherein the controller is configured to: determine, during a heating mode, a temperature of the outdoor coil via the first sensor and a speed of the compressor [0023; 0026].
Sminge et al. (US4291542) teaches a refrigeration system [fig 2] having a controller that adjusts, during a heating mode a speed of air flowing across an indoor coil [6] based on a difference between the indoor coil temperature [as measured by sensor 22] and a target indoor coil temperature [col 3, line 49-col 4, line 8; fig 2; where the target coil temperature in this example is 3 degrees C].
The prior art alone or in combination teaches at least “…during the heating mode, a target indoor coil temperature of the indoor coil based on the outdoor coil temperature and the speed of the compressor, wherein the target indoor coil temperature corresponds to a desired parameter for a leaving air temperature associated with the indoor coil; and adjusting, during the heating mode, an operation of a component of the heat pump based on a difference between a current indoor coil temperature and the target indoor coil temperature to reduce the difference between the current indoor coil temperature and the target indoor 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 1-23 of U.S. Patent No. 12, 259, 147, hereinafter the 147 Patent. Although the claims at issue are not identical, they are not patentably distinct from each other because:
Regarding Claim 2, the 147 Patent teaches a method of controlling indoor air temperature of a heat pump system, the method comprising: determining, during a heating mode, an outdoor coil temperature of an outdoor heat exchanger and a speed of a compressor of a heat pump system, wherein the outdoor coil temperature is a saturation temperature for a refrigerant vaporized at the outdoor coil; determining, during the heating mode, a target indoor coil temperature of the indoor coil based on the outdoor coil temperature and the speed of the compressor, wherein the target indoor coil temperature corresponds to a desired parameter for a leaving air temperature associated with the indoor coil; and adjusting, during the heating mode, an operation of a component of the heat pump based on a difference between a current indoor coil temperature and the target indoor coil temperature to reduce the difference between the current indoor coil temperature and the target indoor coil temperature [claim 1].
Regarding Claim 3, the 147 Patent teaches wherein determining the outdoor coil temperature includes monitoring a pressure downstream of the outdoor heat exchanger and upstream of a compressor [claim 8].
Regarding Claim 4, the 147 Patent teaches wherein determining the outdoor coil temperature includes converting a pressure measurement to the saturation temperature [claim 8].
Regarding Claim 5, the 147 Patent teaches wherein the desired parameter for the leaving air temperature is a desired leaving air temperature [determinable from controlling the indoor temperature recited in claim 1].
Regarding Claim 6, the 147 Patent teaches wherein the desired parameter of the leaving air temperature is a desired leaving air temperature rise [determinable from controlling the indoor temperature recited in claim 1]..
Regarding Claim 7, the 147 Patent teaches wherein determining the target indoor coil temperature includes: determining a range of values for the indoor coil temperature based on the outdoor coil temperature and the speed of the compressor; and selecting the target indoor coil temperature from the range of values [claim 2].
Regarding Claim 8, the 147 Patent teaches wherein selecting the target indoor coil temperature includes selecting a predetermined value within the range of values [claim 2].
Regarding Claim 9, the 147 Patent wherein the component of the heat pump in an indoor fan [implicit in claim 1].
Regarding Claim 10, the 147 Patent teaches wherein adjusting the operation of the component further includes: decreasing a speed of air flowing across the indoor coil if the current indoor coil temperature is below the target indoor coil temperature; or increasing the speed of air flowing across the indoor coil if the current indoor coil temperature is above the target indoor coil temperature [claim 5].
Regarding Claim 11, the 147 Patent teaches determining the current indoor coil temperature before adjusting the operation of the component, wherein determining the current indoor coil temperature comprises measuring a pressure of the refrigerant downstream of the indoor coil and upstream of the outdoor heat exchanger [claim 8].
Regarding Claim 12, the 147 Patent teaches a heat pump system, comprising: an indoor heat exchanger comprising an indoor coil to flow refrigerant therethrough; an outdoor heat exchanger comprising an outdoor coil to flow refrigerant there through; a sensor configured to detect a value indicative of a temperature of the outdoor coil;
an indoor fan configured to flow air over the indoor coil;
a compressor configured to compress the refrigerant that is to be flowed through the indoor coil and the outdoor coil; and
a controller to be coupled to the first sensor, the indoor fan, and the compressor, wherein the controller is configured to: determine, during a heating mode, an outdoor coil temperature of an outdoor heat exchanger and a speed of a compressor of a heat pump system,
wherein the outdoor coil temperature is a saturation temperature for a refrigerant vaporized at the outdoor coil;
determine, during the heating mode, a target indoor coil temperature of the indoor coil based on the outdoor coil temperature and the speed of the compressor, wherein the target indoor coil temperature corresponds to a desired parameter for a leaving air temperature associated with the indoor coil; and
adjust, during the heating mode, an operation of a component of the heat pump based on a difference between a current indoor coil temperature and the target indoor coil temperature to reduce the difference between the current indoor coil temperature and the target indoor coil temperature [claim 9].
Regarding Claim 13, the 147 Patent teaches wherein the sensor is a pressure sensor, and wherein the controller configured to determine the outdoor coil temperature is further configured to determine the outdoor coil temperature, in part, by monitoring a pressure downstream of the outdoor heat exchanger and upstream of a compressor via the pressure sensor, and converting the pressure measurement to the saturation temperature [claim 15].
Regarding Claim 14, the 147 Patent teaches wherein the controller configured to determine the target indoor coil temperature is further configured to: determine a range of values for the indoor coil temperature based on the outdoor coil temperature and the speed of the compressor; and select the target indoor coil temperature from the range of values [claim 10].
Regarding Claim 15, the 147 Patent teaches wherein the controller configured to select the target indoor coil temperature is further configured to select a predetermined value within the range of values [claim 10].
Regarding Claim 16, the 147 Patent teaches wherein the controller configured to adjust the operation of the component is further configured to: decrease a speed of air flowing across the indoor coil if the current indoor coil temperature is below the target indoor coil temperature; or increase the speed of air flowing across the indoor coil if the current indoor coil temperature is above the target indoor coil temperature [claim 12].
Regarding Claim 17, the 147 Patent teaches wherein the controller is further configured to: determine the current indoor coil temperature before adjusting the operation of the component, wherein determining the current indoor coil temperature comprises measuring a pressure of the refrigerant downstream of the indoor coil and upstream of the outdoor heat exchanger [claim 15].
Regarding Claim 18, the 147 Patent teaches a controller for controlling an operation of a heat pump 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, during a heating mode, an outdoor coil temperature of an outdoor heat exchanger and a speed of a compressor of a heat pump system, wherein the outdoor coil temperature is a saturation temperature for a refrigerant vaporized at the outdoor coil;
determine, during the heating mode, a target indoor coil temperature of the indoor coil based on the outdoor coil temperature and the speed of the compressor, wherein the target indoor coil temperature corresponds to a desired parameter for a leaving air temperature associated with the indoor coil; and
adjust, during the heating mode, an operation of a component of the heat pump based on a difference between a current indoor coil temperature and the target indoor coil temperature to reduce the difference between the current indoor coil temperature and the target indoor coil temperature [claim 16].
Regarding Claim 19, the 147 Patent teaches wherein the processor configured to determine the outdoor coil temperature is further configured to determine the outdoor coil temperature, in part, by monitoring a pressure downstream of the outdoor heat exchanger and upstream of a compressor, and converting the pressure measurement to the saturation temperature [claim 15].
Regarding Claim 20, the 147 Patent teaches wherein the processor configured to determine the target indoor coil temperature is further configured to: determine a range of values for the indoor coil temperature based on the outdoor coil temperature and the speed of the compressor; and select the target indoor coil temperature from the range of values [claim 17].
Regarding Claim 21, the 147 Patent teaches wherein the processor is further configured to: determine the current indoor coil temperature before adjusting the operation of the component, wherein determining the current indoor coil temperature comprises measuring a pressure of the refrigerant downstream of the indoor coil and upstream of the outdoor heat exchanger [claim 15].
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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