Ex Parte Jassani et al

Patent Trials and Appeals Board

Jan 25, 2019

13700201 - (D) (P.T.A.B. Jan. 25, 2019)

UNITED STA TES p A TENT AND TRADEMARK OFFICE
APPLICATION NO. FILING DATE FIRST NAMED INVENTOR
13/700,201 06/07/2013 Ahmed Al Jassani
116 7590 01/29/2019
PEARNE & GORDON LLP
1801 EAST 9TH STREET
SUITE 1200
CLEVELAND, OH 44114-3108
UNITED STATES DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Address: COMMISSIONER FOR PATENTS
P.O. Box 1450
Alexandria, Virginia 22313-1450
www .uspto.gov
ATTORNEY DOCKET NO. CONFIRMATION NO.
ABE-50398 6461
EXAMINER
ZERPHEY, CHRISTOPHER R
ART UNIT PAPER NUMBER
3763
NOTIFICATION DATE DELIVERY MODE
01/29/2019 ELECTRONIC
Please find below and/or attached an Office communication concerning this application or proceeding.
The time period for reply, if any, is set in the attached communication.
Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
following e-mail address(es):
patdocket@peame.com
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE PATENT TRIAL AND APPEAL BOARD
Ex parte AHMED AL JASSANI, HAKAN L. KARLSSON,
and STEN HAKAN ALMSTROM
Appeal2018-002779
Application 13/700,201 1
Technology Center 3700
Before JOHN C. KERINS, BENJAMIN D. M. WOOD, and
NATHAN A. ENGELS, Administrative Patent Judges.
ENGELS, Administrative Patent Judge.
DECISION ON APPEAL
STATEMENT OF THE CASE
Appellants appeal under 35 U.S.C. § 134(a) from a final rejection of
claims 1, 4, 5, and 8-18. We have jurisdiction under 35 U.S.C. § 6(b).
We reverse.
1 Appellants identify Electrolux Laundry Systems Sweden AB as the real
party in interest. Appeal Br. 2.
Appeal2018-002779
Application 13/700,201
ILLUSTRATIVE CLAIM
Appellants state that the claimed invention relates to an energy-
efficient cooling technology for fluid that is used as a solvent in dry-cleaning
systems. Appeal Br. 6. Claims 1, 5, and 12 are independent claims and are
reproduced as illustrative of the claimed subject matter:
1. An apparatus for cleaning articles comprising:
a first compressor stage for a first processing of fluid,
a second compressor stage for a second processing of the
fluid,
a first cooling unit arranged between the first and second
compressor stages, the first cooling unit being configured to first
cool the fluid after the first processing of the fluid, the first
cooling unit comprising a storage device and a tube section
within or surrounding the storage device, the storage device
being configured to store the fluid after a second cooling of the
fluid that takes place after the second processing of the fluid, the
tube section being configured to convey the fluid from the first
compressor stage to the second compressor stage such that the
fluid in the tube section is cooled by the fluid in the storage
device.
5. A method for cooling fluid being used as a solvent in a dry
cleaning system, the method comprising:
first compressing the fluid,
first cooling the fluid after the first compressing of the
fluid,
second compressing the fluid after the first cooling of the
fluid,
second cooling the fluid after the second compressing of
the fluid,
storing the fluid for a period of time after the second
cooling of the fluid in a storage device,
wherein, the first cooling comprises, after the first
compressing of the fluid and before the second compressing of
the fluid, cooling the fluid by the fluid that is stored, and
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Application 13/700,201
after passage of the period of time, conveying the stored
fluid from the storage device to one or more components of the
apparatus for an operation of the apparatus for cleaning articles.
12. A cooling system comprising:
a compressor unit for sequential compression of a fluid,
and
a cooling unit for intermediary cooling of the fluid
between the sequential compressions, the cooling unit
comprising a storage device of cooled fluid and a tube section
within or surrounding the storage device being configured to
convey fluid between the sequential compressions, the
compressor unit and the cooling unit being interlinked in such a
way that the intermediary cooling is made by the stored cooled
fluid.
THE REJECTIONS
Claims 12, 13, and 16 stand rejected under 35 U.S.C. § I03(a) as
being unpatentable in view of Taras et al. (US 2010/0326100 Al; publ. Dec.
30, 2010) and Manole (US 2005/0132729 Al; publ. June 23, 2005).
Claims 1, 4, 5, 8-11, 14, 15, 17, and 18 stand rejected under 35 U.S.C.
§ I03(a) as being unpatentable in view of Taras, Manole, and Shore et al.
(US 5,970,554; iss. Oct. 26, 1999).
ANALYSIS
As background of Appellants' invention, Appellants' Specification
explains that known dry cleaning systems usually include a cleaning
chamber in which fabrics are cleaned by a solvent such as carbon dioxide, a
distiller for separating the carbon dioxide from contaminants so that the
carbon dioxide can be reused, a storage tank for storing the carbon dioxide
when not in use for cleaning, a cooling unit, and one or more compressors
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Appeal2018-002779
Application 13/700,201
for moving solvent and increasing pressure in the system. Spec. 1: 11-2:2.
The Specification explains that dry cleaning systems that include multi-stage
compressors also require an intercooler to control temperature and pressure
of carbon dioxide gas within the system. Spec. 2:2-18.
Appellants' Figure 1, copied below, depicts a dry cleaning system of
the prior art.
Fig. 1 Prior art
2 3
Appellants' Figure 1
As described by Appellants, Figure 1, copied above, depicts a prior art
system that includes cleaning chamber 8 and storage device 1, with fluid
connections between the storage device and cleaning chamber. In relevant
part, Figure 1 depicts that tube section 4 conveys compressed gas from first
compressor stage 2 through air-cooled intercooler 5 and into second
compressor stage 3. Spec. 2: 11-18.
Instead of the air-cooled intercooler of the prior art, Appellants'
invention uses the storage tank to cool compressed gas between sequential
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Appeal2018-002779
Application 13/700,201
compression stages. Appellants' Figure 2, copied below, depicts the claimed
invention.
Fig. 2
10
2 3
Appellants' Figure 1
In relevant part, Figure 2 depicts tube section 11 that conveys compressed
gas from first cooling stage 2 to intermediary cooling unit 12' (e.g., through
or around storage tank 1) and then to second compressor stage 3. Spec.
9:25-10:24.
Each of independent claims 1, 5, and 12 includes limitations that
require a fluid storage and using the fluid storage to provide intermediate
cooling between sequential compression stages. In the rejections of each
independent claim, the Examiner finds that Taras teaches an apparatus that
includes a first and second compressor stage with intermediary cooling
between the sequential cooling stages, with "the compressor unit and cooling
unit being interlinked in such a way that the intermediary cooling is made by
the cooled fluid (fluid in line 62)." Final Act. 4.
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Application 13/700,201
The Examiner further states that Taras offers only a schematic
representation of its cooling unit such that "it would be left to [ a person of]
... ordinary skill in the art to select an appropriate style [ of] heat
exchanger." Ans. 2. The Examiner cites Manole as disclosing a cooling
system that includes a tube section within or surrounding a device storing
refrigerated liquid, and the Examiner concludes that it would have been
obvious to a person of ordinary skill "to have provided Taras with the
storage device of Mano le in order to increase the storage capacity of the
system, allowing for a more readily variable capacity." Final Act. 4; Ans. 4.
According to the Examiner, that rationale for combining Taras and Manole
is supported by Mano le' s suggestions that regulating the mass of refrigerant
in the storage tank allows control of the pressure, capacity, and efficiency of
the system. Ans. 4 ( citing Mano le ,r 30).
Appellants argue, and we agree, that the Examiner misinterprets the
teachings of Taras. Contrary to the Examiner's finding that Taras teaches
using cooled fluid 62 as intermediary cooling of refrigerant in between
sequential compressor stages (third refrigerant flow pass 66), Taras teaches a
separate, "second refrigerant flow pass 64" that cools both the first
refrigerant flow pass 62 and the third refrigerant flow pass 66. Taras ,r 27;
cf Final Act. 4; Ans. 3 (stating that it is "clear from the disclosure of Taras
... that elements 62 and 66 are in [a] heat exchange relationship"). As
argued by Appellants, the Examiner has not established that Taras teaches or
suggests first refrigerant flow pass 62 is in a heat exchange relationship with
third refrigerant flow pass 66. Reply Br. 3.
Further, Taras states that it is the flow of refrigerant in second flow
pass 64 that provides heat transfer, explaining that second flow pass 64 "will
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Appeal2018-002779
Application 13/700,201
always be a cooling medium" with respect to first and third refrigerant flow
passes 62 and 66, with pass 64 being in a counterflow configuration to
passes 62 and 66 to increase heat transfer effectiveness. Taras ,r 27. Thus,
the Examiner's position relative to the heat exchange conditions in the Taras
system is without support in that reference. Further, unlike the known
cleaning systems described in the Specification, Taras does not address
refrigerant storage or capacity, and the Examiner has not adequately
established how or why it would have been obvious to a person of ordinary
skill to have added a storage tank to Taras's system. Cf Spec. 1: 11-2: 18
( describing prior art cleaning systems that include a storage tank), Fig. 1.
Reading the Examiner's rejections of independent claims 1, 5, and 12
in light of Appellants' arguments and the evidence of record, we agree with
Appellants that the Examiner erred, and we do not sustain the Examiner's
rejections of independent claims 1, 5, and 12, nor the rejections of dependent
claims 4, and 8-11, and 13-18 which include the same error.
DECISION
We reverse the Examiner's rejections of claims 1, 4, 5, and 8-18.
REVERSED
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