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 .
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.
Claim Rejections - 35 USC § 102
1. 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, 2, 7, 9, 10, 12 and 14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by ELSHERBINI et al (English Translated European Patent No.: 3159634 A1), hereinafter referred to as ELSHERBINI et al ‘634.
Regarding claim 1, ELSHERBINI et al ‘634 disclose a transport refrigeration unit (TRU) comprising: an evaporator (34) enclosed in an evaporator compartment (EC) {as shown in annotated Fig. 1: ¶ [0013]}; and a variable frequency drive (VFD) (38) operatively coupled to a compressor (28) and/or a fan (36) associated with the TRU, wherein the VFD is at least partially disposed within the evaporator compartment or fully disposed within a structure (S) separating the evaporator compartment and a condenser compartment (CC) associated with the TRU {as shown in annotated Fig. 1: Abstract, ¶¶ [0013] and [0030]}.
Regarding claim 2, ELSHERBINI et al ‘634 disclose the TRU of claim 1, wherein the fan is a variable speed fan, and wherein the TRU is configured to control speed of the fan to adjust flow rate of cool air downstream of the evaporator and/or being supplied towards the VFD {see ¶¶ [0013], [0027], [0030] and [0033]}.
Regarding claim 7, ELSHERBINI et al ‘634 disclose the TRU of claim 1, wherein the fan is configured upstream or downstream of an evaporator coil (34) in the evaporator compartment {as shown in annotated Fig. 1: ¶ [0013]}.
Regarding claim 9, ELSHERBINI et al ‘634 disclose a cooling system (20) for a variable frequency drive (VFD) (38) associated with a transport -refrigeration unit (TRU) (22), the cooling system comprising: an evaporator (34) enclosed in an evaporator compartment (EC) {as shown in annotated Fig. 1 and Fig. 14: ¶ ¶ [0011] and [0013]}; and an evaporator fan (36) configured upstream or downstream of evaporator coils associated with the evaporator, wherein the VFD is at least partially disposed within the evaporator compartment or fully disposed within a structure (S) separating the evaporator compartment and a condenser compartment (CC) associated with the TRU{as shown in annotated Fig. 1 and Fig. 14: ¶ ¶ [0011] and [0013]}.
Regarding claim 10, ELSHERBINI et al ‘634 disclose the cooling system of claim 9, wherein the evaporator fan is a variable speed fan, and wherein the cooling system is configured to control speed of the evaporator fan to adjust flow rate of cool air downstream of the evaporator and/or being supplied towards the VFD {see ¶¶ [0013], [0027], [0030] and [0033]}.
Regarding claim 12, ELSHERBINI et al ‘634 disclose the cooling system of claim 9, wherein at least a portion of the VFD is configured downstream or upstream of the evaporator coils or the evaporator fan in the evaporator compartment of the TRU {as shown in annotated Fig. 1: Abstract, ¶ [0013]}.
Regarding claim 14, ELSHERBINI et al ‘634 disclose the cooling system of claim 9, wherein the VFD is fully disposed within the evaporator associated with the TRU such that the VFD remains downstream or upstream of the evaporator coils or the evaporator fan in the evaporator compartment {as shown in annotated Fig. 1: Abstract, ¶ [0013]}.
Claim Rejections - 35 USC § 103
2. 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 3-6, 11, 13 and 15-18 are rejected under 35 U.S.C. 103 as being unpatentable over ELSHERBINI et al ‘634, in view of HELD et al (U.S. PG Pub No.: 2018/0035566 A1), hereinafter referred to as HELD et al ‘566.
Regarding claim 3, ELSHERBINI et al ‘634 disclose the TRU of claim 1, EXCEPT the limitations of wherein the VFD comprises a plurality of heat-dissipating structures protruding from an exterior surface of the VFD, and wherein at least the plurality of heat-dissipating structures is disposed in an airflow path downstream or upstream of an evaporator coil in the evaporator compartment.
HELD et al ‘566 teach: the concept of the VFD (18) comprises a plurality of heat-dissipating structures (24) protruding from an exterior surface of the VFD {as shown in Figs. 3 and 4a: ¶¶ [0014-0017]}, and wherein at least the plurality of heat-dissipating structures is capable of being disposed in an airflow path downstream or upstream of an evaporator coil in the evaporator compartment {see ¶¶ [0014-0017]}.
Since all claimed elements were known in the art at the time of the invention, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify ELSHERBINI et al ‘634 VFD by the VFD of HELD et al ‘566 so as to include a plurality of heat-dissipating structures protruding from an exterior surface of the VFD, and wherein at least the plurality of heat-dissipating structures is disposed in an airflow path downstream or upstream of an evaporator coil in the evaporator compartment, in order to facilitate dissipation of heat generated by the VFD {HELD et al ‘566 – Abstract}.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify the ELSHERBINI et al ‘634 in view of HELD et al ‘566 to obtain the invention as specified in claim 3.
Regarding claim 4, ELSHERBINI et al ‘634 disclose the TRU of claim 1, EXCEPT for the limitations of wherein at least a portion of the VFD is configured downstream or upstream of an evaporator coil in the evaporator compartment of the TRU.
HELD et al ‘566 teach; the concept of at least a portion (24) of the VFD (18) capable of being configured within the (HVAC system) of TRU (10) {see Figs. 1, 3 and 4a: ¶¶ [0012-0017]}.
Since all claimed elements were known in the art at the time of the invention, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify ELSHERBINI et al ‘634 VFD by the VFD of HELD et al ‘566 so as to include at least a portion of the VFD configured downstream or upstream of an evaporator coil in the evaporator compartment of the TRU, in order to facilitate dissipation of heat generated by the VFD {HELD et al ‘566 – Abstract}.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify the ELSHERBINI et al ‘634 in view of HELD et al ‘566 to obtain the invention as specified in claim 4.
Regarding claim 5, the combination of ELSHERBINI et al ‘634 and HELD et al ‘566 disclose and teach the TRU of claim 4, ELSHERBINI et al ‘634 as modified by HELD et al ‘566 teach wherein the VFD capable of being disposed in the structure such that at least a plurality of heat-dissipating structures (24) associated with the VFD remains disposed in the evaporator compartment {see Figs. 1, 3 and 4a: ¶¶ [0012-0017]}. Applicant, is further reminded that, it would have been obvious to one having ordinary skill in the art at the time the invention was made to rearranged the VFD disposed in the structure such that at least a plurality of heat-dissipating structures associated with the VFD remains disposed in the evaporator compartment in order to facilitate dissipation of heat generated by the VFD, since it has held that rearranging parts of an invention involves only routine skill in the art, see MPEP§ 2144.04(VI) (C).
Regarding claim 6, ELSHERBINI et al ‘634 disclose the TRU of claim 1, EXCEPT for the limitations of wherein the VFD is fully disposed within the evaporator compartment of the TRU such that the VFD remains downstream or upstream of an evaporator coil in the evaporator compartment.
HELD et al ‘566 teach; the concept of the VFD within the (HVAC system) of TRU (10) {see Figs. 1, 3 and 4a: ¶¶ [0012-0017]}.
Since all claimed elements were known in the art at the time of the invention, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify ELSHERBINI et al ‘634 VFD by the VFD of HELD et al ‘566 so as to include the VFD fully disposed within the evaporator compartment of the TRU such that the VFD remains downstream or upstream of an evaporator coil in the evaporator compartment, in order to facilitate dissipation of heat generated by the VFD {HELD et al ‘566 – Abstract}.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify the ELSHERBINI et al ‘634 in view of HELD et al ‘566 to obtain the invention as specified in claim 6.
Regarding claim 11, ELSHERBINI et al ‘634 disclose the cooling system of claim 9, EXCEPT for the limitations of wherein the VFD comprises a plurality of heat- dissipating structures protruding from an exterior surface of the VFD, and wherein at least the plurality of heat-dissipating structures is disposed in an airflow path downstream or upstream of the evaporator coils or the evaporator fan in the evaporator compartment.
HELD et al ‘566 teach: the concept of the VFD (18) comprises a plurality of heat-dissipating structures (24) protruding from an exterior surface of the VFD {as shown in Figs. 3 and 4a: ¶¶ [0014-0017]}, and wherein at least the plurality of heat-dissipating structures is capable of being disposed in an airflow path downstream or upstream of the evaporator coil or the evaporator fan in the evaporator compartment {see ¶¶ [0014-0017]}.
Since all claimed elements were known in the art at the time of the invention, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify ELSHERBINI et al ‘634 VFD by the VFD of HELD et al ‘566 so as to include a plurality of heat-dissipating structures protruding from an exterior surface of the VFD, and wherein at least the plurality of heat-dissipating structures is disposed in an airflow path downstream or upstream of an evaporator coil in the evaporator compartment, in order to facilitate dissipation of heat generated by the VFD {HELD et al ‘566 – Abstract}.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify the ELSHERBINI et al ‘634 in view of HELD et al ‘566 to obtain the invention as specified in claim 11.
Regarding claim 13, ELSHERBINI et al ‘634 disclose the cooling system of claim 9, EXCEP for the limitations of wherein the VFD is disposed in the structure such that at least a plurality of heat-dissipating structures associated with the VFD remains disposed in the evaporator compartment.
HELD et al ‘566 teach: the concept of the VFD (18) with a plurality of heat-dissipating structures (24) associated with the VFD {as shown in Figs. 3 and 4a: ¶¶ [0014-0017]}.
Since all claimed elements were known in the art at the time of the invention, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify ELSHERBINI et al ‘634 VFD by the VFD of HELD et al ‘566 so as to include the VFD capable of being disposed in the structure such that at least a plurality of heat-dissipating structures associated with the VFD remains disposed in the evaporator compartment, in order to facilitate dissipation of heat generated by the VFD {HELD et al ‘566 – Abstract}.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify the ELSHERBINI et al ‘634 in view of HELD et al ‘566 to obtain the invention as specified in claim 13.
Regarding claim 15, ELSHERBINI et al ‘634 disclose a method for cooling a variable frequency drive (VFD) (38) associated with a transport refrigeration unit (TRU), the method comprising: configuring at least a portion of the VFD downstream or upstream of evaporator coils (34) in an evaporator compartment (EC) associated with the TRU {as shown in annotated Fig. 1: Abstract, ¶ [0013]}.
However, ELSHERBINI et al ‘634 fail to disclose the limitation of supplying at least a portion of air being cooled by the evaporator coils towards the corresponding portion of the VFD in the evaporator compartment.
HELD et al ‘566 teach: the concept of the VFD being position within the (HVAC system) of TRU (10) {see Figs. 1, 3 and 4a: ¶¶ [0012-0017]}.
Since all claimed elements were known in the art at the time of the invention, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify ELSHERBINI et al ‘634 VFD by the VFD of HELD et al ‘566 so as to include supplying at least a portion of air being cooled by the evaporator coils towards the corresponding portion of the VFD in the evaporator compartment, in order to facilitate dissipation of heat generated by the VFD {HELD et al ‘566 – Abstract}.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify the ELSHERBINI et al ‘634 in view of HELD et al ‘566 to obtain the invention as specified in claim 15.
Regarding claim 16, the combination of ELSHERBINI et al ‘634 and HELD et al ‘566 disclose and teach the method of claim 15, ELSHERBINI et al ‘634 as modified by HELD et al ‘566 further teach the limitations of wherein the VFD comprises a plurality of heat-dissipating (24) structures protruding from the VFD, and wherein the method further comprises: disposing at least the plurality of heat-dissipating structures associated with the VFD in an airflow path downstream of the evaporator coils in the evaporator compartment; and supplying at least a portion of the air to be cooled or post cooling by the evaporator coils towards the plurality of heat-dissipating structures {see annotated Fig. 1: ¶¶ [0002], [0012] and [0015-0016]; wherein the VFD can be positioned in an airflow path downstream of the evaporator coils in the evaporator compartment; and supplying at least a portion of the air to be cooled or post cooling by the evaporator coils towards the plurality of heat-dissipating structures}.
Regarding claim 17, the combination of ELSHERBINI et al ‘634 and HELD et al ‘566 disclose and teach the method of claim 15, ELSHERBINI et al ‘634 disclose wherein the method further comprises at least partially disposing the VFD in a structure (S) separating the evaporator compartment and a condenser compartment associated with the TRU {as shown in annotated Fig. 1}.
Regarding claim 18, the combination of ELSHERBINI et al ‘634 and HELD et al ‘566 disclose and teach the method of claim15, ELSHERBINI et al ‘634 as modified by HELD et al ‘566 further teach the limitations of wherein the method is capable of further comprises fully disposing the VFD within the evaporator compartment of the TRU such that the VFD remains downstream of the evaporator coils {see annotated Fig.: ¶¶ [0002], [0012] and [0015-0016]; wherein the VFD can be positioned in an airflow path downstream of the evaporator coils in the evaporator compartment; and supplying at least a portion of the air to be cooled or post cooling by the evaporator coils towards the plurality of heat-dissipating structures}.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over ELSHERBINI et al ‘634, in view of Wang et al (U.S. PG Pub No.: 2016/0249491 A1), hereinafter referred to as Wang et al ‘491.
Regarding claim 8, ELSHERBINI et al ‘634 disclose the TRU of claim 2, EXCEPT the limitations of wherein the VFD comprises a secondary fan configured to direct cool air received from the evaporator towards a plurality of heat-dissipating structures is associated with the VFD.
Wang et al ‘491 teach: the concept of fan (3) configured to direct cool air towards a plurality of heat-dissipating structures (4) {as shown in Fig. 4: ¶¶ [0002], [0030] and [0034]}.
Since all claimed elements were known in the art at the time of the invention, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify ELSHERBINI et al ‘634 VFD in view of Wang et al ‘491 to comprises a secondary fan configured to direct cool air received from the evaporator towards a plurality of heat-dissipating structures is associated with the VFD, in order to facilitate adequate heat dissipation.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify the ELSHERBINI et al ‘634 in view of Wang et al ‘491 to obtain the invention as specified in claim 8.
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Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US-20240097592-A1 to Venne; Samuel.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EMMANUEL E DUKE whose telephone number is (571)270-5290. The examiner can normally be reached on Monday thru Friday; 8:00 AM to 4:00 PM Monday thru Friday; 8:00 AM to 4:00 PM.
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.
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/EMMANUEL E DUKE/ Primary Examiner, Art Unit 3763 10/11/2026
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