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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 04/16/2026 has been entered.
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 13-16, 18-19, 28 and 30 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 13 recites the limitation "the structure" in line 4. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, the limitation has been examined as --a structure--.
The recitation of “the A3 refrigerant” (claim 19) is unclear. The recitation renders the claim indefinite because parent claim 1 refers to the refrigerant being R290. For examination purposes, the recitation has been examined as --the R290 refrigerant--.
Claim 28 recite the limitations "the condenser output" and “the capillary tube”. There is insufficient antecedent basis for these limitations in the claim. For examination purposes, the limitations have been considered as –a condenser output—and –a capillary tube--.
The recitation of “the A3 refrigerant” (claim 30) is unclear. The recitation renders the claim indefinite because parent claim 1 refers to the refrigerant being R290. For examination purposes, the recitation has been examined as --the R290 refrigerant--.
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.
Claim(s) 1, 3-7, 10, 12-16, 18 and 31 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tippmann (US 5,341,653) in view of Iovanel (US 2021/0003328).
Regarding claim 1, Tippmann discloses a walk-in refrigeration system comprising:
a conditioned space (enclosure within outer shell 12) configured to receive a user therein;
an air plenum structure (having hood 38) positioned outside of a top surface of the conditioned space, wherein the air plenum structure comprises:
at least one plenum input (having louvered opening 34) in fluid communication with an external environment of the air plenum structure;
at least one plenum output (including duct 36) in fluid communication with the external environment of the air plenum structure; and
an exhaust fan (32) coupled to the at least one plenum output (refer to fig.1), wherein the exhaust fan (32) is configured to force heated air within the air plenum structure to the external environment of the air plenum structure (refer to fig.1), and wherein the external environment of the air plenum structure is thermally isolated from an ambient environment of the conditioned space (refer to fig.1 below, and col.2, lines 31-34, wherein the external environment of the air plenum structure is considered to be thermally isolated from an ambient environment of the conditioned space, since the refrigerated enclosure can be a permanent building structure where the walls of the enclosure are insulated); and
a refrigeration circuit configured to receive a refrigerant, wherein the refrigeration circuit comprises:
a compressor-condenser assembly comprising:
a compressor (28) configured to be coupled to the refrigeration circuit; and
a condenser (30) configured to be coupled to the refrigeration circuit,
wherein at least a portion of the compressor-condenser assembly is enveloped within the air plenum structure (refer to fig.1) such that the compressor-condenser assembly is thermally isolated from the ambient environment of the conditioned space (refer to the insulated wall 20 as can be seen from fig.1).
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While Tippmann discloses the refrigeration circuit configured to receive a refrigerant, Tippmann fails to explicitly disclose R290 refrigerant.
However, Iovanel teaches that it is known in the art of refrigeration, to provide a refrigeration apparatus having R290 as a refrigerant (refer to par. 64, wherein R290 is non-toxic with a low global warming potential (e.g., GWP rating of 3 and no Ozone Depleting Properties (ODP))).
Therefore, it would have been obvious to a person of ordinary skill before the effective filing date of the claimed invention, to modify Tippmann such that the refrigerant is R290 in view of the teachings by Iovanel, in order to provide a non-toxic refrigerant with a low global warming potential.
Regarding claim 3, Tippmann as modified meets the claim limitations as disclosed above in the rejection of claim 1. Further, Tippmann as modified discloses wherein the air plenum structure (38) is configured to entirely envelop the compressor-condenser assembly (refer to fig.1).
Regarding claim 4, Tippmann as modified meets the claim limitations as disclosed above in the rejection of claim 1. Further, Tippmann as modified discloses wherein the compressor-condenser assembly is configured to be positioned at the top surface of the conditioned space (refer to fig.1), and the air plenum structure (38) is configured to be attached to the top surface (refer to fig.1).
Regarding claim 5, Tippmann as modified meets the claim limitations as disclosed above in the rejection of claim 4. Further, Tippmann as modified discloses an evaporator (40) positioned within the conditioned space (refer to fig.1).
Regarding claim 6, Tippmann as modified meets the claim limitations as disclosed above in the rejection of claim 4. Further, Tippmann as modified discloses the air plenum structure attached to the top surface of the conditioned space, but fails to explicitly disclose wherein the air plenum structure is removably attached to the top surface of the conditioned space.
However, Iovanel further teaches a modular refrigeration system, comprising an air plenum structure (50) being removable attached (refer to paras. 54 and 56, wherein enclosure 50 includes removable panels that facilitate installation) to a top surface of a conditioned space (20).
Therefore, it would have been obvious to a person of ordinary skill before the
effective filing date of the claimed invention, to further modify Tippmann such that the air plenum structure is removably attached to the top surface of the conditioned space in view of the teachings of Iovanel, in order to facilitate installation.
Regarding claim 7, Tippmann as modified meets the claim limitations as disclosed above in the rejection of claim 4. Further, Tippmann as modified discloses wherein the attachment between the air plenum structure (38) and the top surface (refer to fig.1) is configured to substantially seal the compressor-condenser assembly within the air plenum structure (refer to fig.1).
Regarding claim 10, Tippmann as modified meets the claim limitations as disclosed above in the rejection of claim 1. Further, Tippmann as modified discloses wherein the air plenum structure (38) defines a first air plenum input (through louvered opening 34) and a second air plenum input (through coil 30 as can be seen from fig.1 below) each of which are in fluid communication with the external environment of the air plenum structure.
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Regarding claim 12, Tippmann as modified meets the claim limitations as disclosed above in the rejection of claim 1. Further, Tippmann as modified discloses wherein a temperature within the air plenum structure (38) is greater than a temperature of the external environment (in the instant case, the temperature within the air plenum structure is capable of being greater than a temperature of the external environment due to the heat generated by the compressor as a natural consequence of compressing gas).
Regarding claim 13, Tippmann as modified meets the claim limitations as disclosed above in the rejection of claim 1. Further, Tippmann as modified discloses wherein the compressor-condenser assembly is thermally isolated from the ambient environment of the conditioned space via at least a portion of a structure (walls of outer shell 12, more specifically upper wall 20 as in fig.1) in which the walk-in refrigeration system is installed.
Regarding claim 14, Tippmann as modified meets the claim limitations as disclosed above in the rejection of claim 13. Further, Tippmann as modified discloses wherein the portion of the structure defines: a first surface (refer to fig.1 below) proximate the conditioned space; and a second surface (refer to fig.1 below) opposite the first surface proximate the compressor-condenser assembly.
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Regarding claim 15, Tippmann as modified meets the claim limitations as disclosed above in the rejection of claim 13. Further, Tippmann as modified discloses wherein the portion of the structure comprises an exterior wall of the structure (refer to wall 20 as in fig.1).
Regarding claim 16, Tippmann as modified meets the claim limitations as disclosed above in the rejection of claim 15. Further, Tippmann as modified discloses wherein the exterior wall defines: a first surface proximate the conditioned space; and a second surface opposite the first surface proximate the compressor-condenser assembly (refer to annotated fig.1 above as can be seen from claim 14).
Regarding claim 18, Tippmann as modified meets the claim limitations as disclosed above in the rejection of claim 13. Further, Tippmann as modified discloses wherein the structure (walls of outer shell 12) defines one or more openings configured to at least partially receive a fluid line set therein, wherein the fluid line set is configured to provide fluid communication between compressor-condenser assembly and the conditioned space through the structure (refer to col.2, lines 40-43, wherein the compressor 28 and condensing coil 30 are operatively connected by piping (not shown) to an evaporator coil 40 suspended from the underside of the roof 18 inside the conditioned space, therefore, the structure necessarily including openings receiving said piping).
Regarding claim 31, Tippmann as modified meets the claim limitations as disclosed above in the rejection of claim 1. Further, Tippmann as modified discloses wherein the conditioned space comprises an entryway (by means of door 24) configured to allow the user to enter the conditioned space.
Claim(s) 19 and 30 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tippmann (US 5,341,653), Iovanel (US 2021/0003328), and further in view of Wyatt (US 2017/0183210).
Regarding claims 19 and 30, Tippmann as modified meets the claim limitations as disclosed above in the rejection of claim 1. Further, Tippmann as modified discloses the refrigeration system, but fails to explicitly disclose wherein the compressor-condenser assembly and the refrigeration circuit comprise a full charge of the R290 refrigerant; the refrigeration system comprising a maximum charge of 5.3 ounces (150 grams) of the R290 refrigerant per compressor.
However, Wyatt further teaches that it is known in the art of refrigeration, to provide a cooling system including a refrigeration module, wherein in the case of refrigerant such as R290 (Propane), a maximum refrigerant charge of 150 grams is set on all refrigerating equipment, in order to obtain a reduction in the cooling system, whilst maintaining the cooling output (refer to par. 63) (in the instant case, a “full charge” of refrigerant is considered to be a precise quantity of refrigerant to maintain the system’s designed cooling/heating capacity).
Therefore, it would have been obvious to a person of ordinary skill before the effective filing date of the claimed invention, to further modify Tippmann such the compressor-condenser assembly and the refrigeration circuit comprise a full charge of the R290 refrigerant; the refrigeration system comprising a maximum charge of 5.3 ounces (150 grams) of the R290 refrigerant per compressor in view of the teachings by Wyatt, in order to obtain a reduction in the cooling system, whilst maintaining the cooling output.
Claim(s) 20-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tippmann (US 5,341,653), Iovanel (US 2021/0003328), and further in view of Morrison (US 5,057,968).
Regarding claim 20, Tippmann as modified meets the claim limitations as disclosed above in the rejection of claim 1. Further, Tippmann as modified discloses the compressor-condenser assembly, but fails to explicitly disclose a first disconnect fitting coupling the compressor input to the refrigeration circuit, and a second disconnect fitting coupling the condenser output to the refrigeration circuit.
However, Morrison further teaches that it is known in the art of refrigeration, to provide a cooling system (refer to fig. 9) including a first disconnect fitting (108) coupling a compressor input (from compressor 110) to a refrigeration circuit, and a second disconnect fitting (116) coupling a condenser output (from condenser 112) to a refrigeration circuit.
One having ordinary skill in the art of refrigeration would recognize that by providing a first disconnect fitting coupling the compressor input to the refrigeration circuit and a second disconnect fitting coupling the condenser output to the refrigeration circuit, it will simplify installation, maintenance, and repair, therefore, simplifying the connection process of the refrigeration system.
Accordingly, it would have been obvious to a person of ordinary skill before the effective filing date of the claimed invention, to further modify Tippmann by providing a first disconnect fitting coupling the compressor input to the refrigeration circuit, and a second disconnect fitting coupling the condenser output to the refrigeration circuit, in order to simplify the connection process of the refrigeration system in view of the teachings by Morrison along with the knowledge generally available to one having ordinary skill in the art of refrigeration.
Regarding claim 21, Tippmann as modified meets the claim limitations as disclosed above in the rejection of claim 20. Further, Tippmann as modified discloses the first and the second disconnect fittings (refer to quick disconnect fittings 108 and 116 as taught by Morrison), but fails to explicitly disclose wherein at least one of the first and the second disconnect fittings is a double shut-off quick disconnect fitting.
However, it appears that the compressor-condenser assembly of Tippmann would operate equally well with at least one of the quick disconnect fittings being a double shut-off quick disconnect fitting. Applicant simply indicates that the terms “quick-disconnector,” “quick connectors,” “quick-disconnect,” “quick connect,” “quick release couplings,” “quick disconnect fittings,” “disconnect fittings,” “multiple line quick disconnector,” or multiple line quick disconnect,” are broad terms, and are to be given their ordinary and customary meaning to a person of ordinary skill in the art (and is not to be limited to a special or customized meaning), and refers without limitation to snap type (ball latching), non-latching, single shut-off, double shut-off, or dry break couplings operable by one or two hands. In one example, the quick disconnect fittings of the present disclosure include shut-off valves within both the internal and external ends so as to retain pressure in the components in fluid communication via the quick disconnect fittings. By way of example, quick disconnect fittings described herein may be used as an attachment mechanism for an example compressor-condenser assembly such that the pressure within the fluid lines in fluid communication with (e.g., communicably coupled with) the compressor-condenser assembly is maintained (see par. 78 of Applicant’s Specification as filed).
Therefore, it would have been obvious to a person having ordinary skill in the art, before the effective filing date of Applicant’s claimed invention to cause at least one of the first and the second disconnect fittings to be a double shut-off quick disconnect fitting because this feature appears to be an arbitrary design consideration which fails to
patentably distinguish over Tippmann.
Claim(s) 22-26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tippmann (US 5,341,653), Iovanel (US 2021/0003328), and further in view of Hirano (US 2005/0092012).
Regarding claims 22-23, Tippmann as modified meets the claim limitations as disclosed above in the rejection of claim 1. Further, Tippmann as modified discloses wherein the condenser further comprises a condenser output, the compressor further comprising a compressor input and a compressor output, an evaporator (40) comprising an evaporator input and an evaporator output, but fails to explicitly disclose the condenser output communicably coupled to a first end of a capillary tube, the evaporator input being communicably coupled to a second end of the capillary tube and the evaporator output is communicably coupled to a first end of a suction line, wherein at least a portion of the suction line and at least a portion of the capillary tube are thermally coupled.
However, Hirano further teaches a refrigeration circuit of a cooling unit (refer to fig.6), comprising a condenser (33) having a condenser output communicably coupled to a first end of a capillary tube (35), and evaporator (36) having an evaporator input being communicably coupled to a second end of the capillary tube (36) and the evaporator output is communicably coupled to a first end of a suction line, wherein at least a portion (40B) of the suction line and at least a portion (40A) of the capillary tube are thermally coupled (by means of heat exchanging device 40 as can be seen from fig. 6 below). The capillary tube (35) in the instant case, has an intermediary characteristic flow rate between the flow rates for refrigerating and freezing purposes (refer to par.74), and by providing thermal coupling of the portion (40B) of the suction line and at least a portion (40A) of the capillary tube, it enhances the general level of evaporation performance by helping to vaporize the misty liquid refrigerant which may be left unevaporated by the evaporator 36 (refer to par.76).
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Therefore, it would have been obvious to a person of ordinary skill before the effective filing date of the claimed invention, to further modify Tippmann by providing the condenser output communicably coupled to a first end of a capillary tube, the evaporator input being communicably coupled to a second end of the capillary tube and the evaporator output being communicably coupled to a first end of a suction line, wherein at least a portion of the suction line and at least a portion of the capillary tube are thermally coupled in view of the teachings by Hirano, in order to provide intermediary characteristic flow rate and enhance the general level of evaporation performance.
Regarding claim 24, Tippmann as modified meets the claim limitations as disclosed above in the rejection of claim 22. Further, Tippmann as modified discloses wherein the compressor input is communicably coupled to a second end of the suction line (by means of section 40B as can be seen from fig. 6 as taught by Hirano).
Regarding claim 25, Tippmann as modified meets the claim limitations as disclosed above in the rejection of claim 22. Further, Tippmann as modified discloses wherein the compressor output is communicably coupled to the condenser (the compressor output being in necessarily coupled and in communication to the condenser as part of a refrigerating cycle).
Regarding claim 26, Tippmann as modified meets the claim limitations as disclosed above in the rejection of claim 23. Further, Tippmann as modified discloses wherein the portion (40B as taught by Hirano) of the suction line and the portion (40A as taught by Hirano) of the capillary tube are adjacent or coupled to a heat exchanger (by heat exchanging device 40 as can be seen from fig.6 as taught by Hirano).
Claim(s) 28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tippmann (US 5,341,653), Iovanel (US 2021/0003328), Morrison (US 5,057,968), and further in view of Hirano (US 2005/0092012).
Regarding claim 28, Tippmann as modified meets the claim limitations as disclosed above in the rejection of claim 1. Further, Tippmann as modified discloses a condenser output, but fails to explicitly disclose the condenser output being communicably coupled to a capillary tube.
However, Hirano further teaches a refrigeration circuit of a cooling unit (refer to fig.6), comprising a condenser (33) having a condenser output communicably coupled to a capillary tube (35). The capillary tube (35) in the instant case, has an intermediary characteristic flow rate between the flow rates for refrigerating and freezing purposes (refer to par.74).
Therefore, it would have been obvious to a person of ordinary skill before the effective filing date of the claimed invention, to further modify Tippmann such that the condenser output is communicably coupled to a capillary tube in view of the teachings by Hirano, in order to provide an intermediary characteristic flow rate between the flow rates for refrigerating and freezing purposes.
Claim(s) 27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tippmann (US 5,341,653), Iovanel (US 2021/0003328), Hirano (US 2005/0092012), and further in view of Morrison (US 5,057,968).
Regarding claim 27, Tippmann as modified meets the claim limitations as disclosed above in the rejection of claim 22. Further, Tippmann as modified discloses wherein the compressor input is communicably coupled to the suction line but fails to explicitly disclose via a first disconnect fitting.
However, Morrison further teaches that it is known in the art of refrigeration, to provide a cooling system (refer to fig. 9) including a compressor input coupled via a first disconnect fitting (108).
One having ordinary skill in the art of refrigeration would recognize that by providing the compressor input communicably coupled via a first disconnect fitting, it will simplify installation, maintenance, and repair, therefore, simplifying the connection process of the refrigeration system.
Accordingly, it would have been obvious to a person of ordinary skill before the effective filing date of the claimed invention, to further modify Tippmann such that the compressor input is communicably coupled to the suction line via a first disconnect fitting, in order to simplify the connection process of the refrigeration system in view of the teachings by Morrison along with the knowledge generally available to one having ordinary skill in the art of refrigeration.
Response to Arguments
Applicants’ arguments, see pp.7-12, filed on 04/16/2026, with respect to claims 1, 3-7, 10, 12-16, 18-28 and 30-31 have been fully considered and are persuasive. The rejection of claims 1, 3-7, 10, 12-16, 18-28 and 30-31 has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of newly amended claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANA M VAZQUEZ whose telephone number is (571)272-0611. The examiner can normally be reached M-F 7-4.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Len Tran can be reached at 571-272-1184. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANA M VAZQUEZ/Primary Examiner, Art Unit 3763
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