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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 08/04/2025 and 08/22/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 13 is rejected under 35 U.S.C. 101 because the claimed recitation of a use, without setting forth any steps involved in the process, results in an improper definition of a process, i.e., results in a claim which is not a proper process claim under 35 U.S.C. 101. See for example Ex parte Dunki, 153 USPQ 678 (Bd.App. 1967) and Clinical Products, Ltd. v. Brenner, 255 F. Supp. 131,149 USPQ 475 (D.D.C. 1966).
Claim 13 calls for the limitation of “A computer-readable storage medium” which is directed to non-statutory or eligibility subject matter as described in MPEP 2106.03, “the BRI of computer-readable storage medium can encompass non-statutory transitory forms of signal transmission, such as a propagating electrical or electromagnetic signal per se. See In re Nuijten, 500 F.3d 1346, 84 USPQ2d 1495 (Fed. Cir. 2007) (claims to a "computer-readable storage medium" were non-statutory, because their scope encompassed both statutory random-access memory and non-statutory carrier waves)”.
Claim Interpretation Under 35 USC §112
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.
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: “a first throttling device” in claims 1 and 9, “a second throttling device” in claims 1 and 9, “a first throttling device control mode setting module 71”, “a first throttling device control module 72” and a second throttling device control module 73” in claims 1 and 9.
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.
Claim limitation “a first throttling device” has/have been interpreted under 35 U.S.C.112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because it uses/they use a generic placeholder “device” coupled with functional language “a first throttling” without reciting sufficient structure to achieve the function.
Claim limitation “a second throttling device” has/have been interpreted under 35 U.S.C.112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because it uses/they use a generic placeholder “device” coupled with functional language “a second throttling” without reciting sufficient structure to achieve the function.
Since the claim limitation(s) invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, claim(s) 1 and 9 has/have been interpreted to cover the corresponding structure described in the specification that achieves the claimed function, and equivalents thereof.
A review of the specification shows that the following appears to be the corresponding structure described in the specification for the 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph limitation:
A first throttling device treated as meaning an expansion valve or other types of combined components that can be used for throttling, par. 56.
A second throttling device treated as meaning an expansion valve or other types of combined components that can be used for throttling, par. 56.
A control device treated as meaning that includes first throttling device control mode setting module 71”, “a first throttling device control module 72” and a second throttling device control module 73, that can implement corresponding information receiving and information processing, par. 55.
A first throttling device control mode setting module 71”, “a first throttling device control module 72” and a second throttling device control module 73 treated as meaning is portion of the control device 7 that can implement corresponding information receiving and information processing, par. 55.
If applicant wishes to provide further explanation or dispute the examiner’s interpretation of the corresponding structure, applicant must identify the corresponding structure with reference to the specification by page and line number, and to the drawing, if any, by reference characters in response to this Office action.
If applicant does not intend to have the claim limitation(s) treated under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112 , sixth paragraph, applicant may amend the claim(s) so that it/they will clearly not invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, or present a sufficient showing that the claim recites/recite sufficient structure, material, or acts for performing the claimed function to preclude application of 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
For more information, see MPEP § 2173 et seq. and Supplementary Examination Guidelines for Determining Compliance With 35 U.S.C. 112 and for Treatment of Related Issues in Patent Applications, 76 FR 7162, 7167 (Feb. 9, 555511).
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 4 and 11 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 pre-AIA the applicant regards as the invention.
Claim 4 recites the limitation “controls the open degree of the first throttling device to increase” renders the claim indefinite because it has run on sentence of to increase… what?
Claim 11 recites the limitation “the open degree of the first throttling device is controlled to increase” renders the claim indefinite because it has run on sentence of to increase… what?
Claim Rejections - 35 USC §102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claims 1, 3-6 and 8-9 are rejected under pre-AIA 35 U.S.C. 102(a)(1) as being anticipated by Brendel (US 5157933 A).
In regards to claim 1, Brendel discloses a refrigerating system (a compression refrigeration system 10) comprising: a compressor (12) having a discharge port (from high pressure stage 16), a first suction port (into low pressure stage 14 from accumulator 32), and a second suction port (to intermediate pressure stage 20); a condenser (24) having an inlet (from three-way valve 23) in communication with the discharge port; an evaporator (30) having an outlet (35) in communication with the first suction port (via accumulator 32); an economizer (sub-cooling economizer 60) having an inlet (from solenoid valve 56) in communication with an outlet (via receiver 26 and check valve 44) of the condenser (24), a gas outlet (towards line 72) in communication with the second suction port (to intermediate pressure stage 20), and a liquid outlet (towards main thermal expansion valve 28) in communication with an inlet of the evaporator (30); a first throttling device (valve system of solenoid valve 56 and expansion valve 70) provided on a pipe connecting the condenser (24) and the economizer (low pressure passage of economizer 60); a second throttling device (main thermal expansion valve 28) provided on a pipe connecting the economizer and the evaporator (30); a first throttling device control mode setting module (part of the controller 34 setting solenoid valve 56, expansion valves 70, 78; col.5, lines 30-39) that receives at least one parameter (compressor outlet pressure measured by sensor 104; col.5, lines 33-35) associated with operation of the compressor (12), determines whether the at least one parameter indicates that the compressor (12) is under a preset surge protection condition (limiting compressor discharge pressure; col.5, lines 35-36), and selects between a normal control mode (when solenoid valve 56 is closed during hot gas heating mode; col.5, lines 30-31) and a surge protection control mode (when solenoid valve 56 is open during hot gas heating mode; col.5, lines 30-31) based on the determination; and a first throttling device control module (part of controller 34 and further valve setting control systems) that controls the first throttling device (56, 70, besides valves 28, 78) in the normal control mode in response to the first throttling device control mode setting module selecting the normal control mode (when solenoid valve 56 is closed), and controls the first throttling device (56, 70, besides valves 28, 78) in the surge protection control mode in response to the first throttling device control mode setting module selecting the surge protection control mode (when solenoid valve 56 is open).
In regards to claim 3, Brendel meets the claim limitations as set forth above in the rejection of claim 1. Further, Brendel teaches wherein in the surge protection control mode (when solenoid valve 56 is open during hot gas heating mode; col.5, lines 30-31), the first throttling device control module (part of controller 34 and further valve setting control systems) controls an open degree of the first throttling device (valve system of solenoid valve 56 and expansion valve 70) to increase a refrigerant gas suction amount of the second suction port (to intermediate pressure stage 20).
In regards to claim 4, Brendel meets the claim limitations as set forth above in the rejection of claim 3. Further, Brendel teaches wherein when switching from the normal control mode (when solenoid valve 56 is closed during hot gas heating mode; col.5, lines 30-31) to the surge protection control mode (when solenoid valve 56 is open during hot gas heating mode; col.5, lines 30-31), the first throttling device control module (part of controller 34 and further valve setting control systems) controls the open degree of the first throttling device (valve system of solenoid valve 56 and expansion valve 70) to increase.
In regards to claim 5, Brendel meets the claim limitations as set forth above in the rejection of claim 1. Further, Brendel teaches wherein the at least one parameter (compressor outlet pressure measured by sensor 104; col.5, lines 33-35) comprises a lift of the refrigerating system (10).
In regards to claim 6, Brendel meets the claim limitations as set forth above in the rejection of claim 5. Further, Brendel teaches wherein the first throttling device control mode setting module (part of the controller 34 setting solenoid valve 56, expansion valves 70, 78; col.5, lines 30-39) selects the surge protection control mode (when solenoid valve 56 is open during hot gas heating mode; col.5, lines 30-31) when the lift of the refrigerating system is greater than a threshold.
In regards to claim 8, Brendel meets the claim limitations as set forth above in the rejection of claim 1. Further, Brendel teaches wherein the first throttling device (valve system of solenoid valve 56 and expansion valve 70) and/or the second throttling device (main thermal expansion valve 28) is an electric butterfly valve (col.3, lines 67-68).
In regards to claim 9, Brendel discloses a method for controlling a refrigerating system (a compression refrigeration system 10), the refrigerating system (10) including a compressor (12) having a discharge port (from high pressure stage 16), a first suction port (into low pressure stage 14 from accumulator 32), and a second suction port (into low pressure stage 14 from accumulator 32), a condenser (24) having an inlet (from three-way valve 23) in communication with the discharge port, an evaporator (30) having an outlet (35) in communication with the first suction port, an economizer (sub-cooling economizer 60) having an inlet (from solenoid valve 56) in communication with an outlet of the condenser (24), a gas outlet (towards line 72) in communication with the second suction port, and a liquid outlet (towards main thermal expansion valve 28) in communication with an inlet of the evaporator (30), a first throttling device (valve system of solenoid valve 56 and expansion valve 70) provided on a pipe connecting the condenser (24) and the economizer (60), and a second throttling device (main thermal expansion valve 28) provided on a pipe connecting the economizer (60) and the evaporator (30), the method comprising: a step of receiving at least one parameter (compressor outlet pressure measured by sensor 104; col.5, lines 33-35) associated with operation of the compressor (12); a step of determining whether the at least one parameter (compressor outlet pressure) indicates that the compressor (12) is under a preset surge protection condition (limiting compressor discharge pressure; col.5, lines 35-36); a step of selecting between a normal control mode (when solenoid valve 56 is closed during hot gas heating mode; col.5, lines 30-31) and a surge protection control mode (when solenoid valve 56 is open during hot gas heating mode; col.5, lines 30-31) based on the determination; a step of controlling the first throttling device (56, 70, besides valves 28, 78) in the normal control mode (when solenoid valve 56 is closed during hot gas heating mode) in response to selecting the normal control mode (col.5, lines 30-31); and a step of controlling the first throttling device (56, 70, besides valves 28, 78) in the surge protection control mode in response to selecting the surge protection control mode (when solenoid valve 56 is open).
Claim Rejections - 35 USC §103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 of this title, 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.
Claims 2, 7, 10-12 are rejected under pre-AIA 35 U.S.C. 103 as being unpatentable over Brendel (US 5157933 A) in view of DONG et al. (CN117073244A, see attached translation).
In regards to claim 2, Brendel meets the claim limitations as set forth above in the rejection of claim 1, but fails to explicitly teach the limitations of claim 2.
DONG teaches a refrigeration system wherein the condenser (101) is provided with a first liquid level sensor configured to detect a current liquid level of the condenser (pars. 26 and 10), and in the normal control mode, the first throttling device control module (corresponding to portion of control device 150) receives current liquid level information of the condenser (101) sent by the first liquid level sensor, and controls an open degree of the first throttling device (upstream throttle valve 105) based on a comparison result between the current liquid level information of the condenser (101) and a target liquid level of the condenser (refer to pars. 26 and 31).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Brendel such that the condenser is provided with a first liquid level sensor configured to detect a current liquid level of the condenser, and in the normal control mode, the first throttling device control module receives current liquid level information of the condenser sent by the first liquid level sensor, and controls an open degree of the first throttling device based on a comparison result between the current liquid level information of the condenser and a target liquid level of the condenser as taught by DONG in order to avoid large change and violent fluctuation in the liquid level of the economizer 103, which may lead to liquid carryover in the compressor 110 and large load fluctuations (refer to par. 27 DONG).
In regards to claim 7, Brendel meets the claim limitations as set forth above in the rejection of claim 1, but fails to explicitly teach the limitations of claim 7.
DONG teaches a refrigeration system wherein the economizer (103) is provided with a second liquid level sensor (par. 10) configured to detect a current liquid level of the economizer (103), and the refrigerating system further comprises: a second throttling device control module that receives current liquid level information of the economizer sent by the second liquid level sensor (par. 10), and controls an open degree of the second throttling device (downstream throttle valve 104) based on a comparison result between the current liquid level information of the economizer (103) and a target liquid level of the economizer (refer to pars. 10 and 27).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Brendel such that the the economizer is provided with a second liquid level sensor configured to detect a current liquid level of the economizer, and the refrigerating system further comprises: a second throttling device control module that receives current liquid level information of the economizer sent by the second liquid level sensor, and controls an open degree of the second throttling device based on a comparison result between the current liquid level information of the economizer and a target liquid level of the economizer as taught by DONG in order to avoid large change and violent fluctuation in the liquid level of the economizer 103, which may lead to liquid carryover in the compressor 110 and large load fluctuations (refer to par. 27 DONG).
In regards to claim 10, Brendel meets the claim limitations as set forth above in the rejection of claim 9, but fails to explicitly teach the limitations of claim 10.
DONG teaches a refrigeration system wherein in the step of "controlling the first throttling device (upstream throttle valve 105) in the normal control mode", an open degree of the first throttling device (105) is controlled based on a comparison result between current liquid level information of the condenser (refer to par. 26) and a target liquid level of the condenser (refer to pars. 26-27 and 31 DONG), and in the step of "controlling the first throttling device (105) in the surge protection control mode", the open degree of the first throttling device (105) is controlled to increase a refrigerant gas suction amount of the second suction port (refer to pars. 10 and 27 DONG).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Brendel such that the step of "controlling the first throttling device in the normal control mode", an open degree of the first throttling device is controlled based on a comparison result between current liquid level information of the condenser and a target liquid level of the condenser, and in the step of "controlling the first throttling device in the surge protection control mode", the open degree of the first throttling device is controlled to increase a refrigerant gas suction amount of the second suction port as taught by DONG in order to avoid large change and violent fluctuation in the liquid level of the economizer 103, which may lead to liquid carryover in the compressor 110 and large load fluctuations (refer to par. 27 DONG).
In regards to claim 11, Brendel meets the claim limitations as set forth above in the rejection of claim 10. Further, Brendel teaches wherein in the step of "controlling the first throttling device (valve system of solenoid valve 56 and expansion valve 70) in the surge protection control mode", when switching from the normal control mode (when solenoid valve 56 is closed during hot gas heating mode; col.5, lines 30-31) to the surge protection control mode (when solenoid valve 56 is open during hot gas heating mode; col.5, lines 30-31), the open degree of the first throttling device (valve system of solenoid valve 56 and expansion valve 70) is controlled to increase.
In regards to claim 12, Brendel meets the claim limitations as set forth above in the rejection of claim 9, but fails to explicitly teach the limitations of claim 12.
DONG teaches a refrigeration system further comprising: a step of controlling an open degree of the second throttling device (downstream throttle valve 104) based on a comparison result between current liquid level information of the economizer (103) and a target liquid level of the economizer (refer to pars. 10, 27 and 31 DONG).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Brendel such that further comprising: a step of controlling an open degree of the second throttling device based on a comparison result between current liquid level information of the economizer and a target liquid level of the economizer as taught by DONG in order to avoid large change and violent fluctuation in the liquid level of the economizer 103, which may lead to liquid carryover in the compressor 110 and large load fluctuations (refer to par. 27 DONG).
Claim 13 is rejected under pre-AIA 35 U.S.C. 103 as being unpatentable over Brendel (US 5157933 A) in view of WANG et al. (CN 110645726 A, see attached translation).
In regards to claim 13, Brendel meets the claim limitations as set forth above in the rejection of claim 9, but fails to explicitly teach a computer-readable storage medium storing a processor-readable instruction, wherein the processor-readable instruction is executed by a processor to perform the method for controlling a refrigerating system according to claim 9.
WANG teaches heat pump air conditioning system control wherein a computer-readable storage medium storing a processor-readable instruction (refer to pars. 27 and 116-119), wherein the processor-readable instruction is executed by a processor to perform the method for controlling a refrigerating system according to claim 9 (refer to pars. 27 and 116-119).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Brendel such that a computer-readable storage medium storing a processor-readable instruction, wherein the processor-readable instruction is executed by a processor to perform the method for controlling a refrigerating system as taught by WANG in order to propagate or transmit a program for use by or in connection with an instruction execution system, apparatus or device (refer to par. 119 WANG).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARTHA TADESSE whose telephone number is (571) 272-0590. The examiner can normally be reached on 7:30am-5:00pm EST. If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Frantz Jules can be reached on 571 -272-6681. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866- 217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571 -272-1000.
/M.T/
Examiner, Art Unit 3763
/FRANTZ F JULES/Supervisory Patent Examiner, Art Unit 3763
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