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 .
Claim Objections
Claims 1-11 are objected to because of the following informalities:
Regarding claims 1 and 11, the claims recite, “Heat pump comprising…” and should be amended to recite “A heat pump comprising…”
Regarding claims 2-10, the claims recite “Heat pump according to claim…” and should be amended to recite “The heat pump according to claim…”
Appropriate correction is required.
Claim Interpretation
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.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that use the word “means” or “step” but are nonetheless not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph because the claim limitation(s) recite(s) sufficient structure, materials, or acts to entirely perform the recited function. Such claim limitation(s) is/are:
“ventilation means” in claims 1 and 11;
“auxiliary ventilation means” in claim 8;
Because this/these claim limitation(s) is/are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are not being interpreted to cover only the corresponding structure, material, or acts described in the specification as performing the claimed function, and equivalents thereof.
If applicant intends to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to remove the structure, materials, or acts that performs the claimed function; or (2) present a sufficient showing that the claim limitation(s) does/do not recite sufficient structure, materials, or acts to perform the claimed function.
After reviewing the specification, the ventilation means and auxiliary ventilation means appears to be drawn to fans, or known equivalents (per paragraph [0036]).
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 1-11 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claims 1, 2, 5, and 11, the term “suitable” is a relative term which renders the claim indefinite. The term “suitable” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Clarification is requested.
Claims 2-10 are rejected based on their dependency to claim 1.
Allowable Subject Matter
Claims 1-11 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
The closest prior art of record is FOR1 (CN220582575U) in view of FOR2 (EP2679921A2).
The prior art of record when considered as a whole, either alone or in combination, does not anticipate or render obvious:
Regarding claim 1, A Heat pump comprising:
a working circuit suitable for circulating a working fluid;
a first heat exchanger and a second heat exchanger connected to said working circuit and suitable for exchanging heat of said working fluid,
said first heat exchanger being suitable for exchanging heat with an external environment and comprising a finned structure, connected to said working circuit and ventilation means suitable for increasing the heat exchange of said external environment with said finned structure,
a control unit of electronic type, configured to actuate and regulate the operation of said heat pump,
a support structure suitable for supporting and containing at least part of said working circuit, said first heat exchanger and said control unit,
said support structure comprising a first chamber, a second chamber and a third chamber, said chambers being reciprocally separated and being separated from said external environment by first partition walls,
said finned structure and said ventilation means being contained in said first chamber, said first chamber comprising a first opening open to said external environment;
said at least part of said working circuit being located in said third chamber,
said third chamber including at least one escape opening on said walls surrounding it so as to connect, in fluid passage connection, said chamber and said external environment, said escape opening being arranged in the lower part of said chamber,
said second chamber comprising a first sub-chamber and a second sub-chamber, said sub-chambers being reciprocally separated by second partition walls,
said first sub-chamber comprising said control unit,
said second sub-chamber comprising at least a second opening on said external environment and a third opening on said first chamber so that said ventilation means force air to flow also between said second opening and said third opening through said second sub-chamber.
Regarding claim 11, A Heat pump comprising: a working circuit suitable for circulating a working fluid; a first heat exchanger and a second heat exchanger connected to the working circuit and suitable for exchanging heat of the working fluid, the first heat exchanger being suitable for exchanging heat with an external environment and comprising a finned structure, connected to the working circuit and ventilation means suitable for increasing the heat exchange of the external environment with the finned structure, a control unit of electronic type, configured to actuate and regulate the operation of the heat pump, a support structure suitable for supporting and containing at least part of the working circuit, the first heat exchanger and the control unit, the support structure comprising a first chamber, a second chamber and a third chamber, the chambers being reciprocally separated and being separated from the external environment by first partition walls, the finned structure and the ventilation means being contained in the first chamber, the first chamber comprising a first opening open to the external environment; the at least part of the working circuit is located in the third chamber, the third chamber includes at least one escape opening on the walls surrounding it so as to connect, in fluid passage connection, the chamber and the external environment, the escape opening being arranged in the lower part of the chamber, the second chamber comprises a first sub-chamber and a second sub-chamber, the sub-chambers being reciprocally separated by second partition walls, the first sub-chamber comprising the control unit, the second sub-chamber comprising at least a second opening on the external environment and a third opening on the first chamber so that the ventilation means force air to flow also between the second opening and the third opening through the second sub-chamber.
In the Examiner’s opinion, it would not be obvious to further modify the prior art structures to arrive at the claimed invention, absent impermissible hindsight. Therefore, rendering independent claims 1 and 11, with dependent claims therefrom are considered allowable.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NAEL N BABAA whose telephone number is (571)270-3272. The examiner can normally be reached M-F, 9-5 EST.
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.
/NAEL N BABAA/Primary Examiner, Art Unit 3763
Prosecution Insights