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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1-3 and 9 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 12-17 of U.S. Patent No. US 12,270586 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because
Regarding claim 1, US 12,270586 B2 discloses a heating, ventilation, air conditioning, and refrigeration (HVAC&R) system, comprising: a heat exchanger comprising a shell, a first fluid pass extending through the shell, a second fluid pass extending through the shell, and a water box coupled to the shell, wherein the water box is configured to direct a fluid from the first fluid pass to the second fluid pass; and a fluid mixing manifold disposed within the water box, wherein the fluid mixing manifold comprises: a plurality of channels configured to collect a plurality of flows of the fluid from within the water box; and a mixing junction configured to receive the plurality of flows of the fluid from the plurality of channels and generate a mixed fluid via the plurality of flows of the fluid; and a discharge port extending from the mixing junction and configured to discharge the mixed fluid into the water box (see claim 12 of US 12,270586 B2).
Regarding claim 2, US 12,270586 B2 discloses the fluid mixing manifold comprises a sensor port extending from the mixing junction, and the sensor port is configured to receive a sensor configured to detect a parameter of the mixed fluid (see claim 14 of US 12,270586 B2).
Regarding claim 3, US 12,270586 B2 discloses the sensor port extends through a body of the water box (see claim 14 of US 12,270586 B2).
Regarding claim 9, US 12,270586 B2 discloses at least one channel of the plurality of channels comprises a respective inlet facing a first direction, the discharge port comprises an outlet facing a second direction, and the first direction and the second direction are opposite one another (see claim 16 of US 12,270586 B2).
Allowable Subject Matter
Claims 12-20 are allowed.
Claims 4-8 and 10-11 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 a statement of reasons for the indication of allowable subject matter:
Regarding claim 1, Sullivan (2015/0034284) discloses a heating, ventilation, air conditioning, and refrigeration (HVAC&R) system, comprising:
a heat exchanger (100) comprising a shell (112), a first fluid pass (120a) extending through the shell (112), a second fluid pass (120b) extending through the shell (112), and a water box (200) coupled to the shell (see figures 1-3), wherein the water box is configured to direct a fluid from the first fluid pass (120a) to the second fluid pass (120b; see figures 1-3); and
a fluid mixing manifold (210) disposed within the water box (200), wherein the fluid mixing manifold (210) comprises:
a fluid channel (a second water flow path; paragraph [0037]) configured to collect a flow of the fluid from within the water box (200; see figures 2-3); and
a mixing junction (250a and 250b) configured to receive the flow of the fluid from the channel (the second water flow path) and generate a mixed fluid via the of flow of the fluid (see figures 2-3); and
a discharge port (the 226a) extending from the mixing junction (250a and 250b) and configured to discharge the mixed fluid into the water box (200).
However, Sullivan fails to disclose a plurality of channels configured to collect a plurality of flows of the fluid from within the water box; and the mixing junction configured to receive the plurality of flows of the fluid from the plurality of channels and generate a mixed fluid via the plurality of flows of the fluid.
Regarding claim 12, Sullivan discloses a heating, ventilation, air conditioning, and refrigeration (HVAC&R) system, comprising:
a fluid mixing manifold (210) configured to be disposed within an inner volume of a water box (200) of a heat exchanger (see figures 1-3), wherein the fluid mixing manifold comprises:
a channel (the second water flow path which associated with the second open area 226b and back compartment 250b) configured to collect a flow of a fluid from a location within the water box (see figures 2-3);
a mixing junction (250a and 250b) fluidly coupled to the channel, wherein the mixing junction (250a and 250b) is configured to mix the flow of the fluid received via channel to generate a mixed fluid (see figures 2-3); and
a discharge port (the first open area 226a of the first water flow path) fluidly coupled to the mixing junction (250a and 250b) and configured to discharge the mixed fluid into the water box (200; see figures 2-3),
wherein the channel is configured to collect a respective flow of the fluid from a respective location within the water box (200) and direct the respective flow of the fluid to the mixing junction (250a and 250b; see figures 2-3).
However, Sullivan fails to disclose the fluid mixing manifold comprises: a plurality of channels configured to collect a plurality of flows of a fluid from a plurality of locations within the water box; the mixing junction fluidly coupled to each channel of the plurality of channels, wherein the mixing junction is configured to mix the plurality of flows of the fluid received via the plurality to channels to generate a mixed fluid; and wherein each channel of the plurality of channels is configured to collect a respective flow of the fluid of the plurality of flows of the fluid from a respective location of the plurality of locations within the water box and direct the respective flow of the fluid to the mixing junction.
Regarding claim 18, Sullivan discloses a fluid mixing manifold (see figures 5A-5B) for a heat exchanger of a heating, ventilation, air conditioning, and refrigeration (HVAC&R) system, wherein the fluid mixing manifold comprises:
a mixing junction (550a-550d; see figures 5A-5B);
a plurality of sampling conduits (560a and 560b) extending from the mixing junction (550a-550d), wherein the plurality of sampling conduits comprises:
a first sampling conduit (560a) comprising a first inlet configured to receive a first flow of fluid from within a water box (500) of the heat exchanger (300; see figures 3 and 5A-5B), wherein the first sampling conduit (560a) is configured to direct the first flow of fluid to the mixing junction (550a-550d; see figures 3 and 5);
a second sampling conduit (560b) comprising a second inlet configured to receive a second flow of fluid from within the water box (500), wherein the second sampling conduit (560b) is configured to direct the second flow of fluid to the mixing junction (550a-550d); and
and a discharge port (see figure 5) extending from the mixing junction (550a-550d), wherein the mixing junction (550a-550d) is configured to mix the first flow of fluid and the second flow of fluid to generate a mixed fluid (see figures 3 and 5), and the discharge port is configured to discharge the mixed fluid into the water box (500; see figures 3 and 5).
However, a third sampling conduit comprising a third inlet configured to receive a third flow of fluid from within the water box, wherein the third sampling conduit is configured to direct the third flow of fluid to the mixing junction; and the mixing junction is configured to mix the first, second and third flow of fluids.
The primary reference Sullivan fails to disclose the claimed structure detail of the fluid mixing manifold within the water box of the HVAC&R system as required in claims 1, 12 and 18. Also, the prior art of record, fails to provide further teachings or motivation to modify the system of Sullivan in order to arrive the claim invention. Therefore, claims 1, 12 and 18 are allowable.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KUN KAI MA whose telephone number is (571)-270-3530. The examiner can normally be reached on Monday-Friday 9am-6pm.
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/KUN KAI MA/Primary Examiner, Art Unit 3763
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