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 Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: "heating portion capable of circulating the refrigerant… and heating," in claim 1.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
The “heating portion” is sufficiently described in the specification as a cylinder and coil wiring (see paragraph 12, specification).
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1 and 9-12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Okada (EP 2381740 A1).
In regards to claim 1, Okada discloses an air conditioning system (air conditioner 1, fig. 1) comprising a heat pump cycle (refrigerant circuit 10 with compressor 21, outdoor heat exchanger 23, expansion valve 24 and indoor heat exchanger 41, see fig. 1 and paragraph 36) having a refrigerant pipe (refrigerant pipes A, B, C, D…K, see paragraph 38 and fig. 1) capable of circulating a refrigerant therethrough (refrigerant passing through the circuit, see fig. 1 and paragraph 38), and a compressor (compressor 21) capable of compressing the refrigerant (see paragraph 44), wherein a heating portion (electromagnetic induction heating unit 6, see paragraph 36, wherein the heating unit 6 includes metal covers 75 and coil wiring 68, see figs. 9-13 and paragraph 63) capable of circulating the refrigerant therethrough (see fig. 5, and paragraphs 57-58) and capable of heating the refrigerant (by heating unit 6) by electromagnetic induction is connected in the middle of the refrigerant pipe (see electromagnetic induction heating unit 6 connected in the middle of refrigerant pipe, wherein the heating unit 6 is mounted on accumulator pipe F, see figs. 9, 5 and paragraph 60).
In regards to claim 9, Okada teaches the limitations of claim 1 and further discloses that the air conditioning system further comprises a control unit (control units 11, 12 with timer 95) for controlling the heat pump cycle (see paragraphs 52-53) and the heating portion (see control unit 11 controlling heating unit 6, paragraph 63), and wherein the control unit comprises controlling so as to heat the refrigerant in the heating portion by electromagnetic induction upon start of a heating operation mode of the heat pump cycle (by performing electromagnetic induction heating by heating unit 6 during start up, see paragraph 44).
In regards to claim 10, Okada teaches the limitations of claim 9 and further discloses that the heat pump cycle further comprises a condenser (outdoor heat exchanger 23) for exchanging heat between air flowing through an air conditioning duct (by operation of fans 26, see fig. 1) and the refrigerant (refrigerant flowing between pipe E and pipe D, see fig. 1), and wherein the heating operation mode comprises compressing the refrigerant with the compressor (compressor 21 compresses refrigerant, see paragraph 44) and introducing the refrigerant discharged from the compressor into the condenser to heat the air (see compressed refrigerant introduced into condenser 23 for heating air, fig. 1 and paragraph 44).
In regards to claim 11, Okada teaches the limitations of claim 10 and further discloses that the heat pump cycle further comprises: an evaporator (indoor heat exchanger 41) for exchanging heat between the air flowing through the air conditioning duct and the refrigerant (air within the indoor unit 4 and the refrigerant flowing through indoor heat exchanger 41 by operation of fan 42, see fig. 1 and paragraph 49); and an outdoor heat exchanger (outdoor heat exchanger 23) for exchanging heat between outside air and the refrigerant (outdoor heat exchanger exchanging heat with outside air, see fig. 1 and paragraphs 50, 44, 47-48).
In regards to claim 12, Okada teaches the limitations of claim 11 and further discloses that the heating portion is connected in the middle of the refrigerant pipe at a position between the compressor and the condenser (alternative limitation), or at a position between the compressor and the evaporator (electromagnetic induction heating unit 6 is disposed between compressor 21 and evaporator 41 on refrigerant pipe F, see fig. 1) or the outdoor heat exchanger, or the heat portions are connected in the middle of the refrigerant pipe at both of the positions (alternative limitation).
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) 2-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Okada (EP 2381740 A1) as applied to claim 1 above and further in view of Wakamatsu (US 2005/0178761 A1).
In regards to claim 2, Okada teaches the limitations of claim 1 and further discloses that the heating portion (electromagnetic induction heating unit 6, see paragraph 36 and figs. 9-13) comprises: a main heating unit structure (pipes F1, F2, cover 75, ferrite parts 98, 99, ferrite case 73, 74, main body 65, coil 68) having an outer peripheral wall (ferrite case 71, 72 and 73, see fig. 9 and paragraph 62) and partition walls disposed on an inner side of the outer peripheral wall (pipes F1, F2 within ferrite case 71, see fig. 11), at least one of the inner partition walls (pipe F1) being provided with a magnetic material (pipe F1 made with magnetic material, see paragraph 44); and a coil wiring (coil wiring 68) spirally wound around an outer periphery of the main structure (see coil 68 helically wound around main body 65, paragraph 63 and figs. 9-13, 19).
However, Okada does not explicitly teach a honeycomb structure of the heating portion, where the partition walls define plurality of cells, each of the cells extending from a first end face to a second end face and the coil wound around honeycomb structure.
Wakamatsu discloses a heating portion (heating element 8, figs. 1-4) comprising: a honeycomb structure (honeycomb structure, see fig. 3d and paragraph 40) having an outer peripheral wall (outer wall of the cylindrical heating element 8, see figs. 3) and partition walls (partition walls 8b, see figs. 3 and paragraph 40) disposed on an inner side of the outer peripheral wall (see figs. 3-4), the partition walls defining a plurality of cells (plurality of cells/passages 8a defined by partition walls 8b, see figs. 3-4), each of the cells extending from a first end face to a second end face (each passage 8a extending from the top face to the bottom face of the heating element 8, see figs. 3-4), at least one of the cells being provided with a magnetic material (heating elements 8 made of magnetic material, see paragraph 41); and a coil wiring (coil 7) spirally wound around an outer periphery of the honeycomb structure (see coil 7 wrapped around heating element 8, figs. 1-2 and paragraphs 41, 45-47).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the heating portion of the air conditioning system of Okada by providing a heating portion having a honeycomb structure having an outer peripheral wall and partition walls disposed on an inner side of the outer peripheral wall, the partition walls defining a plurality of cells, each of the cells extending from a first end face to a second end face, at least one of the cells being provided with a magnetic material; and a coil wiring spirally wound around an outer periphery of the honeycomb structure based on the teachings of Wakamatsu in order to increase the specific surface area of the heating portion and heating medium to improve heating efficiency of the medium (see paragraph 22, Wakamatsu).
In regards to claim 3, Okada teaches the limitations of claim 1 and further discloses that the heating portion (electromagnetic induction heating unit 6, see paragraph 36 and figs. 9-13) comprises: a main heating unit structure (pipes F1, F2, cover 75, ferrite parts 98, 99, ferrite case 73, 74, main body 65, coil 68) having an outer peripheral wall (ferrite case 71, 72 and 73, see fig. 9 and paragraph 62) and partition walls disposed on an inner side of the outer peripheral wall (pipes F1, F2 within ferrite case 71, see fig. 11), at least one of the inner partition walls (pipe F1) being provided with a magnetic material (pipe F1 made with magnetic material, see paragraph 44); and a coil wiring (coil wiring 68) spirally wound around an outer periphery of the main structure (see coil 68 helically wound around main body 65, paragraph 63 and figs. 9-13, 19).
However, Okada does not explicitly teach a honeycomb structure of the heating portion, where the partition walls define plurality of cells, each of the cells extending from a first end face to a second end face and the coil wound around honeycomb structure.
Wakamatsu discloses a heating portion (heating element 8, figs. 1-4) comprising: a honeycomb structure (honeycomb structure, see fig. 3d and paragraph 40) having an outer peripheral wall (outer wall of the cylindrical heating element 8, see figs. 3) and partition walls (partition walls 8b, see figs. 3 and paragraph 40) disposed on an inner side of the outer peripheral wall (see figs. 3-4), the partition walls defining a plurality of cells (plurality of cells/passages 8a defined by partition walls 8b, see figs. 3-4), each of the cells extending from a first end face to a second end face (each passage 8a extending from the top face to the bottom face of the heating element 8, see figs. 3-4), at least one of the partition walls comprising a magnetic material (heating elements 8 made of magnetic material, see paragraph 41); and a coil wiring (coil 7) spirally wound around an outer periphery of the honeycomb structure (see coil 7 wrapped around heating element 8, figs. 1-2 and paragraphs 41, 45-47).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the heating portion of the air conditioning system of Okada by providing a heating portion having a honeycomb structure having an outer peripheral wall and partition walls disposed on an inner side of the outer peripheral wall, the partition walls defining a plurality of cells, each of the cells extending from a first end face to a second end face, at least one of the cells being provided with a magnetic material; and a coil wiring spirally wound around an outer periphery of the honeycomb structure based on the teachings of Wakamatsu in order to increase the specific surface area of the heating portion and heating medium to improve heating efficiency of the medium (see paragraph 22, Wakamatsu).
In regards to claim 4, Okada as modified teaches the limitations of claim 2 and further discloses that the heating portion further comprises a metallic outer cylindrical member (ferrite case 71, 72, 73, 74, 75, 98 and 99, see fig. 9 and paragraph 62) for housing the main pipe structure (for pipe structure F1) and the coil wiring (for housing coil wiring 68, see paragraph 63 and figs. 9-13, 19).
In regards to claim 5, Okada as modified teaches the limitations of claim 4 and further discloses that the heating portion further comprises an inner cylindrical member (pipes F2 and main body 65, see fig. 11) between the main pipe structure (F1) and the coil wiring (see pipe F2 and body 65 between pipe structure F1 and coil 68, fig. 11).
In regards to claim 6, Okada as modified teaches the limitations of claim 5 and further discloses that the heating portion further comprises a holding member (F2) between the main structure (F1) and the inner cylindrical member (F2 between main body 65 and F1, see figs. 9-13).
In regards to claim 7, Okada as modified teaches the limitations of claim 5 and further discloses that the heating portion is connected in the middle of the refrigerant pipe on an upstream side, a downstream side, or both of the upstream and the downstream sides of the compressor (induction heating unit 6 is connected to the compressor via accumulator pipe F, see fig. 6 and paragraph 44), based on a flow direction of the refrigerant (based on flow of refrigerant through four-way switching valve 22).
In regards to claim 8, Okada as modified teaches the limitations of claim 2 and further discloses that the magnetic material comprises at least one element selected from the group of Fe, Cr, Ni, Mn, Zn, Co, Cu and Si (see iron, copper, chrome, nickel as magnetic materials, paragraph 44).
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Okada (EP 2381740 A1) as applied to claim 1 above and further in view of Takahashi (US 2019/0297684 A1).
In regards to claim 13, Okada teaches the limitations of claim 1 except using the claimed air conditioning system for a vehicle.
However, Takahashi teaches a fluid heating component (1, see fig. 1) with a honeycomb structure (2, see fig. 1 and paragraph 71), where the heating component is used in an automobile vehicle (see paragraphs 71, 74, 89 and 121).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the heating portion of the air conditioning system of Okada by using the air conditioning system with honeycomb structured heating portion of a vehicle based on the teachings of Takahashi in order to improve refrigerant heating/cooling capacity or fuel efficiency of the vehicle and the air conditioning system (see paragraph 138, Takahashi).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MERAJ A SHAIKH whose telephone number is (571)272-3027. The examiner can normally be reached on M-R 9:00-1:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jianying Atkisson can be reached on 571-270-7740. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MERAJ A SHAIKH/Examiner, Art Unit 3763
/JIANYING C ATKISSON/ Supervisory Patent Examiner, Art Unit 3763
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