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                            COMMISSIONER'S DECISION

 

Section 36(2); Obviousness

 

Control System for an Air Conditioner

 

An air conditioner utilizes a compressor-expander in a closed loop, with a

primary heat exchanger in an ambient atmosphere, and a secondary heat ex-

changer in an enclosed space. A source of auxiliary air is injected into

the loop to provide varying pressures. The Final Action was withdrawn

because the claims avoid the cited art and properly define the scope of monopoly

of the invention described in the disclosure.

 

***********

 

On December 23, 1977, The Rovac Corporation filed an application for patent

No. 293,849, class 62-127. The inventors are Thomas C. Edwards et al. The

title given to the application is "Control System for Air Conditioner". The

Examiner in charge of the application rejected the claims under Section 36(2) of

the Patent Act and on obviousness. The applicant then requested that the

rejection be reviewed, and that there be a Hearing to consider his arguments.

In reviewing the rejection, the Patent Appeal Board held a Hearing on December

10, 1980, at which the Applicant was represented by W. Parks.

 

The invention is directed to an air conditioning system for use in automobiles.

Figures 1 and 2 below illustrate the system.

 

(See figure I)

(See figure II)

 

Air conditioning system 30 utilizes a compressor-expander in a closed loop with

primary heat exchanger HX1 in an ambient atmosphere and secondary heat exchanger

HX2 in an enclosed space. A source of auxiliary air is injected into the loop

by means of pump 60 to provide varying pressures under thermostatic control 70

providing variation in the heat rate of the system to maintain a set temperature

in the enclosed space.

 

In the Final Action the Examiner refused the claims for failing to define

patentable subject matter beyond what is shown in the following United States

Patents:

 

2,715,317         August 16, 1955       C1 62-3      Rhodes

3,904,327         September 9, 1975     C1 418-8     Edwards et al

 

In his rejection the Examiner argued that claim 1 would be allowable if the

following features are defined:

 

1) the auxiliary pump

 

2) the secondary heat exchanger normally operating at atmospheric

   pressure

 

3) the secondary heat exchanger pressure being variable from a

   pumped down condition effectively zero to a pressure two to

   three times atmospheric to thereby greatly increase the heat

   rate of the basic system.

 

In response to the Final Action the Applicant objected to the stand taken

by the Examiner. He referred to the following paragraph at page 3 of the

disclosure, which reads:

 

In accordance with the present invention the source of

auxiliary air is provided with injecting means preferably

in the form of a pump for controllable injection of air

from the source into the closed loop, enabling the secondary

heat exchanger to operate at a pressure substantially greater

than atmospheric thereby to increase the heat rate of the

system.

 

It is believed that applicant is entitled to use the words

"injection means" in the claim. The term is quite apt in view

of the fact that the means is defined as means "for injecting

air". Applicant is not aware of any reason based upon prior art

why applicant should not be entitled to use the term "injection

deans" simply because applicant believes it might be preferable

to use a conventional pump as an injector, does not mean that

applicant should be limited to the use of a conventional pump.

Any injecting means, capable of injecting air under pressure,

may be used to practice the invention.

 

The issue before the Board is whether or not the application is directed to a

patentable advance in the art.

 

The patent to Edwards et al teaches a rotary compressor-expander which is

similar to the one used in the present application.

 

Rhodes teaches a control system for a reversible heat pump or air conditioner.

The system operates with freon in the reversed Rankin cycle. Figure 2 below

illustrates the cooling cycle of that arrangement:

 

(See figure I)

 

Refrigeration compressor 10 is connected to heat exchangers 28, 29 and 14, 15.

Four check valves insure unidirectional flow through metering device 49 so that

the capillary restriction of the metering device divides the system into high

and low pressure sides. Restrictor 35 permits refrigerant to slowly return to

the low pressure side of the system and to increase the charge until control

switch 44 opens again.

 

Claim 1 of the application reads as follows:

 

1. In an air conditioning system for an enclosed space, the

combination comprising a compressor having an inlet port and

an outlet port, an expander having an inlet port and an outlet

port, the compressor and expander having rotor means including

vanes for positive compression and expansion as the rotor means

is driven, a primary heat exchanger connected between the

compressor outlet port and the expander inlet port, a secondary

heat exchanger connected between the expander outlet port and the

compressor inlet port complete a closed loop having a charge

of air, one of the heat exchangers being thermally coupled to

the enclosed space, a source of auxiliary air, injector means

for injecting air from the source into the closed loop to

increase the pressure in the secondary heat exchanger to sub-

stantially above atmospheric level to increase the heat rate of

the system, and control means for controlling the injector

means thereby to control the pressure existing in the loop.

 

At the Hearing Mr. Parks argued that Rhodes' refrigeration system differs in a

number of ways from applicant's system. Rhodes does not have a closed loop with

a "charge of air", as defined in claim 1. That system operates with freon in

the reversed Rankin cycle, whereas Applicant's system operates with air in the

reversed Brayton cycle. Rhodes has freon seeping passively into the lower

pressure side, whereas claim 1 defines an injector means for pumping the system

above atmosphere - exactly opposite to Rhodes' restrictor 35. Consequently, the

system is safer to use, responds to a wider variety of conditions and has a

quicker response time.

 

We note that the expression "injector means" in claim 1 defines the way in which

the result of an element of the combination is accomplished. The means for

performing the act of injecting is recited in a proper combination and covers

the auxiliary pump which is described in the application as performing the

action. No particular injecting element is essential to the combination and we

therefore conclude that the statement of means is proper.

 

The Applicant argued, in reply to requirements 2 and 3 of the Examiner's action,

that in the prosecution of an application he is entitled to indicate operating

characteristics and advantages of the system without having to put them into the

claim. He stated that operating features and characteristics which are

inherently present in the system defined do not need to be included in the

claim, as they provide unnecessary limitations to the scope of monopoly. Claim

1 defines an "injecting means for injecting air from the source into the closed

loop to increase the pressure in the secondary heat exchanger to substantially

above atmospheric level...." The system, as shown in Figure 2 of the drawings,

operates in this manner. We agree with the Applicant that the expression "the

secondary heat exchanger normally operating at atmospheric pressure" is not

required in the claim. In our view the third requirement is also unnecessary.

In any case zero pressure cannot be obtained in the system when the pressure can

only be increased above atmospheric level. As the compressor-expander of

Edwards et al cannot be substituted for the compressor of Rhodes' refrigeration

system the attack on obviousness must also fail.

 

The matter of narrow and broad claims was considered in Burton Parsons v

Hewlett-Packard S.C.C. 17 C.P.R. (2d) 97 (1975), p. 106 where it was stated (in

part):

 

It is stressed in many cases that an inventor is free to make

his claims as narrow as he sees fit in order to protect himself

from the invalidity which will ensue if he makes them too

broad. From a practical point of view, this freedom is really

quite limited because if, in order to guard against possible

invalidity, some area is left open between what is the invention

as disclosed and what is covered by the claims, the patent may

be just as worthless as if it was invalid. Everybody will be

free to use the invention in the unfenced area. It does not

seem to one that inventors are to be looked upon as Shylock

claiming his pound of flesh.

 

We think that the present case is one where that principle would apply.

Consequently we recommend that the rejection be withdrawn, and that the

application be remanded to the Examiner for further prosecution.

 

J.F.  Hughes

Assistant Chairman

Patent Appeal Board, Canada.

 

Having reviewed the prosecution of this applicator, I concur with the

recommendations of the Patent Appeal Board. The application is to be returned

to Examiner.

 

                                   Agent for Applicant

                                    A.E. MacRae & Co.

                                   Box 806 Station B

J.H.A Gari‚py                       Ottawa, Ont.

Commissioner of Patents             K1P 5T4

 

Dated at Hull, Quebec

this 20th. day of March, 1981

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