Ex Parte Mizutani et alDownload PDFPatent Trial and Appeal BoardMay 14, 201410521020 (P.T.A.B. May. 14, 2014) Copy Citation UNITED STATES PATENT AND TRADEMARK OFFICE ____________________ BEFORE THE PATENT TRIAL AND APPEAL BOARD ____________________ Ex parte KAZUHIDE MIZUTANI, HIROMUNE MATSUOKA, ATSUSHI YOSHIMI, and MANABU YOSHIMI ____________________ Appeal 2012-004791 Application 10/521,020 Technology Center 3700 ____________________ Before: JENNIFER D. BAHR, STEFAN STAICOVICI, and JILL D. HILL, Administrative Patent Judges. HILL, Administrative Patent Judge. DECISION ON APPEAL Appeal 2012-004791 Application 10/521,020 2 STATEMENT OF THE CASE Kazuhide Mizutani et al. (Appellants) appeal under 35 U.S.C. § 134 from the Examiner’s decision rejecting claims 5-7, 11, and 12. Appellants’ representative presented oral argument on May 8, 2014. We have jurisdiction under 35 U.S.C. § 6(b). We REVERSE. The Claimed Subject Matter Claims 7 and 11 are independent. Claim 7, reproduced below, illustrated the claimed subject matter, with the key disputed limitations emphasized. 7. A refurbished air conditioner comprising: existing refrigerant piping that was used with an existing air conditioner being composed of an old heat source unit and an old user unit and contains residue of an existing mineral-oil- based refrigerant oil, the existing refrigerant piping being connected the old heat source unit and the old user unit, the existing refrigerant piping being reused as is when updating the air conditioner is complete; a new heat source unit and a new user unit that are connected together by the existing refrigerant piping with a replaced working refrigerant disposed therein, the new heat source unit and the new user unit replacing the old heat source unit and the old user unit when updating the air conditioner is complete; and an oil collecting device that is configured such that after the existing refrigerant oil has been changed and before the refurbished air conditioner is run in a normal operating mode, the oil collecting device can draw in the replaced working refrigerant that is being circulated through the air conditioner and separate the existing refrigerant oil that is carried with the replaced working refrigerant, the oil collecting device being disposed in the new heat source unit, the oil collecting device includes an oil collecting container, an inlet pipe, an inlet valve, and an outlet pipe therein, Appeal 2012-004791 Application 10/521,020 3 the replaced working refrigerant being an HFC refrigerant containing at least 40 wt% of R32 that serves as a cleaning agent but contains no R134a refrigerant. Evidence The Examiner relied on the following evidence in rejecting the claims on appeal: Taira US 7,003,980 B2 Feb. 28, 2006 Unezaki JP 2002-357377 A Dec.13, 2002 Rejection Claims 5-7, 11, and 12 stand rejected under 35 U.S.C. § 103(a) as unpatentable over Unezaki and Taira. Ans. 5. OPINION Independent claim 7 recites, among other things, a refurbished air conditioner comprising a new heat source unit replacing an old heat source unit, and an oil collecting device disposed in the new heat source unit. The Examiner finds that Unezaki teaches updating an air conditioning system comprising a heat source unit 11, 28 and an oil collecting device 9. Ans. 5. Appellants argue that the Examiner errs in finding that Unezaki’s washing station 11 and heat source 28 together read on the claimed “new heat source.” App. Br. 12. According to Appellants, Unezaki’s pipe washing station 11 (and its oil collecting device 9) is removed after the washing operation so that it cannot form part of a new heat source of a refurbished air conditioner. Id. (citing Unezaki, para. [0045], Figs. 19 and 22). Appeal 2012-004791 Application 10/521,020 4 The Examiner responds that “the interpretation of piping washing station (11) and the heat source (28) of Unezaki as a new heat source unit of a ‘refurbished air conditioner’ as claimed is reasonably proper and not erroneous.” Ans. 10. According to the Examiner, during recovery and washing, Unezaki’s heat source 11 works as a new heat source because it is newly installed to carry out recovery and washing. Id. The Examiner states that claim 7 is open ended because it does not “prevent removal of heat source after the recovery and washing operation.” Id. We do not agree with the Examiner’s finding that Unezaki’s washing station 11 is a new heat source unit as recited in claim 7. The Examiner fails to proffer a reasonable interpretation of the term “heat source unit”1 and explain how Unezaki’s washing station 11 reads on that interpretation. Further, Unezaki’s washing station 11 does not replace an old heat source unit when updating of the (refurbished) air conditioner is complete; rather, Unezaki’s washing station 11 is connected to the air conditioner piping during refurbishing and must be removed for the refurbishing to be complete. We therefore do not sustain the rejection of claim 7 under 35 U.S.C. § 103(a). Independent claim 11 recites “replacing selected old equipment . . . including an old heat source unit,” “the existing refrigerant piping being connected to a new heat source unit,” and “the oil collecting device being disposed in the new heat source unit when updating the air conditioner is complete.” Claim 11 thus recites that a new heat source unit including an oil collecting device replaces an old heat source unit. The Examiner sets forth 1 Appellants set forth various components of a “heat source unit” on page 9 of the Specification. Appeal 2012-004791 Application 10/521,020 5 the same findings and conclusions for independent claims 7 and 11. For the reasons set forth above with respect to claim 7, we disagree with the Examiner that Unezaki’s washing station 11 is a new heat source unit as claimed. We therefore do not sustain the rejection of claim 11 under 35 U.S.C. § 103(a). Dependent claims 5, 6, and 12 depend directly or indirectly from claim 11. For the reasons set forth with respect to independent claim 11, we do not sustain the rejection of claims 5, 6, and 12 under 35 U.S.C. § 103(a). DECISION We reverse the rejection of claims 5-7, 11, and 12 under 35 U.S.C. § 103(a) as unpatentable over Unezaki and Taira. REVERSED. llw Copy with citationCopy as parenthetical citation