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 09/11/2026 was filed after the mailing date of the application on 02/10/2025. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
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 6-8 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.
Claim 6 recite “wherein the repeating of the steps a) to c) is performed in response to that heat transfer arrangement configuration information retrieved from at least two heat pump modules are verified to be different”. However, it is unclear what the metes and bounds of the claim are. It is unclear to the Examiner if the heat transfer arrangement configuration information verified to be different or is the heat pump modules that are verified to be different. Clarity is advised.
Claims 7-8 are rejected based on dependency from a rejected claim.
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 (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 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 non-obviousness.
Claims 1-6 and 9-15 are rejected under 35 U.S.C. 103 as being unpatentable over Noboa et al (US 20180225244 A1, hereinafter Noboa) in view of Rosen et al (US 20220003429 A1, hereinafter Rosen) and Whitfield et al (US 11293690 B1, hereinafter Whitfield).
Regarding claim 1, Noboa teaches a method (process 700) for controlling an operation of a modular fluid-fluid heat transfer arrangement (CPOS 600), wherein the fluid-fluid heat transfer arrangement (CPOS 600) comprises a plurality of heat pump modules (chillers 602-608), each heat pump module (chillers 602-608) comprising a control unit (controller 610-618) and a memory (memory 674-680), in which memory (memory 674-680) heat pump module configuration information (paragraph 0064) relating to the associated heat pump module (chillers 602-608) is stored, said heat pump module configuration information (paragraph 0064) including at least identification data (paragraph 0064) unique to said associated heat pump module (chillers 602-608); c) storing, on the memory (memory 574-580) of each heat pump module (chillers 502-508), said received heat pump module configuration information (storing data and/or computer code for completing or facilitating the various processes, paragraph 0089) so as to provide in said memory (memory 574-580) a heat transfer arrangement configuration information (executing more processes, paragraph 0089) which includes the heat pump module configuration information (storing data and/or computer code for completing or facilitating the various processes, paragraph 0089) of each heat pump module (chillers 502-508) of the plurality of heat pump modules (chillers 502-508).
Noboa teaches the invention as described above but fail to teach and wherein the control unit of each heat pump module is connected to each control unit of the other heat pump modules of the plurality of heat pump modules over a communication channel, the method comprising: a) transmitting, by the control unit of each heat pump module, associated heat pump module configuration information on the communication channel; b) receiving, by the control unit of each heat pump module, the associated heat pump module configuration information transmitted from each of the other heat pump modules of the plurality of heat pump modules.
However, Rosen teaches wherein the control unit (controllers 124 and 224) of each heat pump module (assembly 100 and 200) is connected to each control unit (controllers 124 and 224) of the other heat pump modules (assembly 100 and 200) of the plurality of heat pump modules (assembly 100 and 200) over a communication channel (wired or wireless, paragraph 0083), the method comprising: a) transmitting (via wired or wireless, paragraph 0083), by the control unit (controllers 124 and 224) of each heat pump module (assembly 100 and 200), associated heat pump module configuration information (as described in paragraph 0087) on the communication channel (wired or wireless, paragraph 0083); b) receiving, by the control unit (controllers 124 and 224) of each heat pump module (assembly 100 and 200), the associated heat pump module configuration information (controller 124, 224 may further be connected to each heat pump 110 and to each cooling machine 210 for control thereof and for monitoring the performance, paragraph 0072) transmitted from each of the other heat pump modules (assembly 100 and 200) of the plurality of heat pump modules (assembly 100 and 200).
Therefore, it would have been obvious to a person skilled in the art before the effective filing date of the claimed invention to modify the method in the teachings of Noboa to include and wherein the control unit of each heat pump module is connected to each control unit of the other heat pump modules of the plurality of heat pump modules over a communication channel, the method comprising: a) transmitting, by the control unit of each heat pump module, associated heat pump module configuration information on the communication channel; b) receiving, by the control unit of each heat pump module, the associated heat pump module configuration information transmitted from each of the other heat pump modules of the plurality of heat pump modules in view of the teachings of Rosen in order to yield the predictable result of controlling power consumption in a thermal energy system.
The combined teachings teach the invention as described above but fail to teach d) determining, based on the heat transfer arrangement configuration information, a master control unit selected from the control units of the plurality of heat pump modules, wherein the one or more control units that are different from the master control unit are defined as slave control units; and e) transmitting operation control information from the master control unit to the slave control units.
However, Whitfield teaches d) determining, based on the heat transfer arrangement configuration information (commands and information between the modular refrigeration units 100, col 11 lines 59-60), a master control unit (master/slave configuration, col 11 lines 64-65) selected from the control units (freezer controller 310 and cooler controller 320) of the plurality of heat pump modules (modular refrigeration unit 100), wherein the one or more control units (freezer controller 310 and cooler controller 320) that are different from the master control unit (master/slave configuration, col 11 lines 64-65) are defined as slave control units (master/slave configuration, col 11 lines 64-65); and e) transmitting operation control information from the master control unit to the slave control units (modular refrigeration units 100 will operate in a master/slave configuration, with one modular refrigeration unit 100 directing control of the one or more other modular refrigeration units 100, col 11 lines 63-67).
Therefore, it would have been obvious to a person skilled in the art before the effective filing date of the claimed invention to modify the method in the combined teachings to include d) determining, based on the heat transfer arrangement configuration information, a master control unit selected from the control units of the plurality of heat pump modules, wherein the one or more control units that are different from the master control unit are defined as slave control units; and e) transmitting operation control information from the master control unit to the slave control units in view of the teachings of Whitfield in order to yield the predictable result of operating either synchronously when in communication with a control panel or under independent operation.
Regarding claim 2, the combined teachings teach wherein the step a) of transmitting (via wired or wireless, paragraph 0083 of Rosen), by the control unit (controllers 124 and 224of Rosen) of each heat pump module (assembly 100 and 200 of Rosen), associated heat pump module configuration information (controller 124, 224 may further be connected to each heat pump 110 and to each cooling machine 210 for control thereof and for monitoring the performance, paragraph 0072 of Rosen) on the communication channel (wired or wireless, paragraph 0083 of Rosen) is performed based on a communication protocol (wired or wireless, paragraph 0083 of Rosen).
Regarding claim 3, the combined teachings teach further comprising determining a number of heat pump modules (modular refrigeration unit 100 of Whitfield) connected over the communication channel (communications cable 121 of Whitfield), and wherein the operation control information ((i)-(iii), as described in col 3 lines 53-56 of Whitfield) is based on the number of heat pump modules (modular refrigeration unit 100 comprises an input power socket 120 for providing power to modular refrigeration unit 100, a communications cable 121 for communicating with a control panel 305 where control panels 310/320 form part of control panel 305, col 3 lines 56-61 of Whitfield).
Regarding claim 4, the combined teachings teach wherein, prior to the step d) (prior to step d of Whitfield) of determining the master control unit (master/slave configuration, col 11 lines 64-65 of Whitfield), the method further comprises repeating the steps a) (step a of Rosen) (step b of Rosen) to c) (step c of Noboa).
Regarding claim 5, the combined teachings teach wherein the repeating of the steps a) (step a of Rosen) to (step b of Rosen) c) (step c of Noboa) is performed a predefined number of times or repeatedly during a predefined time period (interpreted as the time for executing one or more processes, as described in paragraph 0089 of Noboa and paragraph 0092 of Rosen).
Regarding claim 6, the combined teachings teach, in view of indefiniteness, wherein the repeating of the steps a) (step a of Rosen) to (step b of Rosen) c) (step c of Noboa) is performed in response to that heat transfer arrangement configuration information (power consumption data, as described in paragraph 0087 of Rosen and storing data and/or computer code for completing or facilitating the various processes, paragraph 0089 of Noboa) retrieved from at least two heat pump modules (602-608 of Noboa and assembly 100 and 200 of Rosen) are verified to be different.
Regarding claim 9, the combined teachings teach wherein the identification data (paragraph 0064 of Noboa) comprises an identity number, a serial number, a media access control, MAC, address and/or a Universal Unique Identifier, UUID (paragraph 0011 of Noboa).
Regarding claim 10, the combined teachings teach wherein the step d) of determining the master control unit (central controller, paragraph 0007 of Rosen) is based on associated identification data (power consumption data, paragraph 0007 of Rosen) of the plurality of heat pump modules (plurality of heat pump assemblies and the plurality of cooling assemblies, paragraph 0007 of Rosen).
Regarding claim 11, the combined teachings teach wherein the heat pump module configuration information (storing data and/or computer code for completing or facilitating the various processes, paragraph 0089 of Noboa) further comprises heat pump module operational-specific data relating to the associated heat pump module (memory 574-580 may include object code components, script components, or any other type of information structure for supporting the various activities and information structures, paragraph 0089 of Noboa).
Regarding claim 12, the combined teachings teach wherein the step d) of determining the master control unit (central controller, paragraph 0007 of Rosen) is based on said heat pump operational-specific data (power consumption data pertaining to the plurality of heat pump assemblies and the plurality of cooling assemblies of Rosen).
Regarding claim 13, it is noted that although the preamble of claim 13 is directed towards a structure, the method of the combined teachings discloses all the method being provided in the structure claim, thus the structure is also rendered obvious by the combined teachings. If a prior art device, in its normal and usual operation, would necessarily perform the apparatus claimed, then the apparatus claimed will be considered to be rendered obvious 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 or obviously perform the claimed process. Thus, the method, as claimed, would necessarily result from the normal operation of the apparatus. See MPEP 2112.02.
Regarding claim 14, the combined teachings teach wherein the slave control unit (slave devices, abstract and figure 5b of Noboa) of each heat pump module (chillers 502-508 of Noboa) is further configured to control the operation of the associated heat pump module (chillers 502-508 of Noboa) based on the operation control information received from the master control unit (functions of the master controller device include transmitting control signals to the slave devices, abstract of Noboa).
Further, it is understood, claim 14 includes an intended use recitation, for example “…configured to...”. The applicant is reminded that a recitation with respect to the manner which a claimed apparatus is intended to be does not differentiate the claimed apparatus from a prior art apparatus satisfying the structural limitations of the claims, as is the case here. While features of an apparatus may be recited either structurally or functionally, the claims are directed to an apparatus must be distinguished from the prior art in terms of structure rather than function.
Regarding claim 15, the combined teachings teach wherein the control unit (controllers 124 and 224 of Rosen) of each heat pump module (assembly 100 and 200 of Rosen) is wired or wirelessly connected to the control unit (wired or wireless, paragraph 0083 of Rosen) of the other heat pump modules (assembly 100 and 200 of Rosen) via the communication channel (wired or wireless, paragraph 0083 of Rosen).
Allowable Subject Matter
Claims 7-8 are objected to as being dependent upon a rejected base claim but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is an examiner’s statement of reasons for allowance:
Regarding claim 7, the subject matter which is considered to distinguish from the closest prior art of record, Rosen et al (US 20220003429 A1). The prior art of record when considered as a whole, alone, or in combination, neither anticipates nor renders obvious “wherein the verification is performed by: f) transmitting, by the control unit of each heat pump module, the heat transfer arrangement configuration information stored on the respective memory on the communication channel; g) receiving, by the control unit of each heat pump module, the heat transfer arrangement configuration information transmitted from each of the other heat pump modules; and h) comparing the received heat transfer arrangement configuration information so as to verify that the heat transfer arrangement configuration information of all heat pump modules is identical”. The closest prior art, Rosen teaches a thermal energy system that can be controlled to achieve a reduced total electric power consumption is thus provided, where the flow of thermal fluid in the thermal heating circuit and in the thermal cooling circuit is controlled such that desired respective outlet temperatures are achieved which provides said reduction in total electric power consumption.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DARIO DELEON whose telephone number is (571)272-8687. The examiner can normally be reached Monday-Friday 9:00am-5:00pm.
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, Jerry Daryl Fletcher can be reached at 571-270-5054. 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.
/DARIO ANTONIO DELEON/Examiner, Art Unit 3763
/JERRY-DARYL FLETCHER/Supervisory Patent Examiner, Art Unit 3763
