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 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 (i.e., changing from AIA to pre-AIA ) 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.
Claim(s) 1, 9, and 17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nuno et al (US 10,168,088).
Regarding claims 1, 9, and 17, Nuno discloses an apparatus, comprising:
a heat pump system comprising:
a first refrigerant line (32) connected to a compressor (21) and a first heat exchanger (23 or 41; the nature of the reversing valve 22 allows either to be a first heat exchanger);
a second refrigerant line (26) connected to the first refrigerant line, wherein the second refrigerant line is in fluid communication with an accumulator (21b); and
a valve (27) integrated with the second refrigerant line, wherein a first position of the valve is configured to allow flow of a refrigerant from the compressor to the first heat exchanger (closed position of 27), and a second position of the valve is configured to cause the flow of the refrigerant to bypass the first heat exchanger and flow to the accumulator (open position of 27; note the flow passing through 27 is bypassing the first heat exchanger, the claim does not require all refrigerant bypass the first heat exchanger).
Further regarding claim 9, Under the principles of inherency, if a prior art device, in its normal and usual operation, would necessarily perform the method claimed, then the method claimed will be considered to be anticipated by the prior art device. When the prior art device is the same as a device described in the specification for carrying out the claimed method, it can be assumed the device will inherently perform the claimed process. In re King, 801 F.2d 1324, 231 USPQ 136 (Fed. Cir. 1986). MPEP 2112.02. Therefor the apparatus as presented also reads on the method claim(s). Moreover Nuno discloses monitoring of a condition, e.g. temperature with temperature sensors as discussed at columns 11 and 13.
Further regarding claim 17, MPEP 2111.02 “If the body of a claim fully and intrinsically sets forth all of the limitations of the claimed invention, and the preamble merely states, for example, the purpose or intended use of the invention, rather than any distinct definition of any of the claimed invention’s limitations, then the preamble is not considered a limitation and is of no significance to claim construction. Pitney Bowes, Inc. v. Hewlett-Packard Co., 182 F.3d 1298, 1305, 51 USPQ2d 1161, 1165 (Fed. Cir. 1999). See also Rowe v. Dror, 112 F.3d 473, 478, 42 USPQ2d 1550, 1553 (Fed. Cir. 1997) ("where a patentee defines a structurally complete invention in the claim body and uses the preamble only to state a purpose or intended use for the invention, the preamble is not a claim limitation");” thus the vehicle is not a claim 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) 1-6, 8, and 17-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al (US 2023/0182542) in view of Nuno et al (US 10,168,088).
Regarding claims 1 and 17, Kim discloses an apparatus for a vehicle (references made to figure 3 unless otherwise noted), comprising:
a heat pump system comprising:
a first refrigerant line connected to a compressor (discharge line of compressor 110) and a first heat exchanger (120);
a second refrigerant line (200) connected to the first refrigerant line, wherein the second refrigerant line is in fluid communication with an accumulator (150); and
a valve (300; [0051] provides that the 3-way valve shown in figure 3 may be implemented as a two-way valve on line 200) integrated with the second refrigerant line, wherein a first position of the valve is configured to allow flow of a refrigerant from the compressor to the first heat exchanger, and a second position of the valve is configured to cause the flow of the refrigerant to bypass the first heat exchanger.
Kim lacks the second position provides flow to the accumulator rather connection is to down stream of the accumulator 150. Nuno discloses a similar arrangement where refrigerant discharged from compressor (21) is provided to the suction side of the compressor (through valve 27) via an accumulator (21b). It would have been obvious to one of ordinary skill in the art to have provided the bypass flow of Kim to the accumulator as taught by Nuno in order to maintain accumulator protection of the suction side of the compressor for all flows.
Regarding claims 2 and 18, Kim discloses the heat pump system is implemented in a vehicle ([0002]), and the valve (300) is configured to switch the flow of the refrigerant from the first heat exchanger to the second refrigerant line based on at least one of an environmental condition (“low-temperature conditions” [0002]).
Regarding claims 3 and 19, Kim discloses the environmental condition comprises a temperature (“low-temperature conditions” [0002]), in response to the temperature being below a threshold temperature (“low-temperature”), the valve is configured to operate in the second position (the second position, open position, is actuated in order to boost heat supplied at the condenser for the occupants [0049] as necessary in response to a low temperature condition [0002]).
Regarding claims 4 and 20, Kim discloses the first position comprises a closed position of the valve, and the second position comprises an open position of the valve (figure 10 provides for recycle case, open, and base case, closed; moreover the nomenclature first and second may be arbitrarily applied to either condition).
Regarding claim 5, As claim 2 presents “an environmental condition or a mode of operation of the vehicle” [emphasis added] and the environmental condition is met as discussed above. Claim 5 further details the non-selected alternative and thus said further details of the mode of operation of the vehicle are not required to meet the claim.
Regarding claim 6, Kim discloses the heat pump system further comprises: a second heat exchanger (140); and a third refrigerant line connected to an outlet of the second heat exchanger, wherein: the second refrigerant line is connected to a first inlet of the accumulator, and the third refrigerant line is connected to a second inlet of the accumulator (as shown in, and modified by, Nuno there is a T-junction providing two inlets to the accumulator from the second line, bypass, and from the second heat exchanger).
Regarding claim 8, Kim discloses the valve, in the second position, is further configured to cause the flow of the refrigerant to bypass the second heat exchanger (refrigerant passing through the valve bypasses both the first and second heat exchangers 120 and 140).
Claim(s) 5 and 9-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al (US 2023/0182542), in view of Nuno et al (US 10,168,088), and in further view of Brandon (US 12,715,261).
Regarding claim 5, as noted above claim 5 further limits the non-selected alternative of claim 2 and thus is not required. Nonetheless for the purpose of compact prosecution the limitations will be addressed substantively. Kim discloses the heat pump system is configured to heat a passenger compartment of a vehicle but lacks detecting an occupancy state of the vehicle. Brandon discloses detecting an occupancy state of a vehicle (step 204 of figure 2) and conditioning a passenger compartment and selecting prioritization amongst passenger compartment conditioning and battery conditioning. It would have been obvious to one of ordinary skill in the art to have provided Kim with occupancy detection in order to prioritize heating capacity amongst several heat consumers to optimize use of a limited resource (heat).
Regarding claim 9, Kim discloses a method, comprising:
providing, via a first refrigerant line (line extending from outlet of compressor 110), a refrigerant from a compressor (110) of a heat pump system to a first heat exchanger (120) based on a first position of a valve (300; [0051] provides that the 3-way valve shown in figure 3 may be implemented as a two-way valve on line 200);
monitoring a condition (“low-temperature conditions” [0002], [0021]); and
in response to a determination the condition is below a threshold condition, providing, by a controller ([0044]), instructions to transition the valve from the first position to a second position (open and closed positions as shown in at least figure 10), wherein the second position is configured to cause the refrigerant to bypass the first heat exchanger.
Kim is silent concerning a sensor to monitor a condition but does discuss employing the operation in response to low temperature conditions. Brandon discloses detecting an occupancy state of a vehicle (step 204 of figure 2) and monitoring a condition with a sensor suite (step 212 includes air temperature) and conditioning a passenger compartment and selecting prioritization amongst passenger compartment conditioning and battery conditioning. It would have been obvious to one of ordinary skill in the art to have provided Kim with occupancy detection and outside temperature detection in order to prioritize heating capacity amongst several heat consumers to optimize use of a limited resource (heat).
Kim lacks the second position provides flow to the accumulator rather connection is to downstream of the accumulator 150. Nuno discloses a similar arrangement where refrigerant discharged from compressor (21) is provided to the suction side of the compressor (through valve 27) via an accumulator (21b). It would have been obvious to one of ordinary skill in the art to have provided the bypass flow of Kim to the accumulator as taught by Nuno in order to maintain accumulator protection of the suction side of the compressor for all flows.
Regarding claim 10, Kim disclose the condition comprises an environmental condition, andthe threshold condition comprises a threshold temperature (“low temperature conditions” [0002], [0021]).
Regarding claim 11, Kim discloses providing the instructions to transition the valve from the first position to the second position comprises transitioning the valve from a closed position of the valve to an open position of the valve ([0044] provides for a controller and at least figure 10 provides for open/closed conditions).
Regarding claim 12, Kim discloses providing, via a second refrigerant line (200), the refrigerant in response to the valve being in the second position (second position is the open position), wherein the second refrigerant line is connected to the accumulator (connection to the accumulator provided by Nuno as modified at claim 9).
Regarding claim 13, Kim discloses wherein the valve (300), in the second position, is further configured to cause the refrigerant to bypass at least a second heat exchanger (140).
Regarding claim 14, Kim discloses the first heat exchanger (120) and the second heat exchanger (140) are in fluid communication in response to the valve being in the first position (first position is the closed position).
Regarding claim 15, Kim discloses the first position comprises an open position of the valve, and the second position comprises a closed position of the valve (the valve has open and closed positions, first and second nomenclature may be arbitrarily applied to either condition).
Regarding claim 16, Kim discloses monitoring a mode of operation of a vehicle, wherein the mode of operation comprises an occupancy state of the vehicle (step 204 of Brandon as modified at claim 9 above).
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al (US 2023/0182542), in view of Nuno et al (US 10,168,088), and in further view of He et al (US 11,446,979).
Regarding claim 7, Kim, as modified above, discloses the apparatus of claim 6, but lacks a third heat exchanger and fourth refrigerant line extending therefrom. He discloses a fourth refrigerant line configured to connected to a third heat exchanger (30 and fourth line includes CV 88), wherein the fourth refrigerant line is connected to a third inlet of the accumulator (36; plurality of T-fittings provide plural inlets to the accumulator). It would have been obvious to one of ordinary skill in the art to have provided Kim with the third heat exchanger and connections thereof in order to increase operation modes of the system, e.g. the two heat exchanger arrangement of He (30 and 24) allow for dehumidification.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kawagoe et al (WO2016/147305) compressor unloader
Iizuka et al (US 2026/0200283) compressor unloader
Kim et al (US 2026/0145486) hot gas system for vehicle heat pump
Lundberg et al (US 9,175,891) compressor unloader
Keller, Jr. et al (US 5,167,491) low side bypass
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER R ZERPHEY whose telephone number is (571)272-5965. The examiner can normally be reached M-F 7:00-4:00 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jianying Atkisson can be reached at 5712707740. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/CHRISTOPHER R ZERPHEY/Primary Examiner, Art Unit 3799
Prosecution Insights