Notice of Reasons for Refusal

Number of the request/demand for appeal/trial: Appeal 2019 - 16772

(Application number) : (Japanese Patent Application No. 2017-553277)
Date of Drafting: Reiwa 2(2020) September 3
Chief administrative judge Administrative judge: HIRAJO, Toshimasa
Demandant: DAIKIN INDUSTRIES, LTD. (and 1 others)
Representative patent attorney: SHINJYU GLOGBAL IP

As a result of the consultation, the application for this trial case should be
refused for the following reason(s). If you have any opinion on this, please submit
your written opinion within 3 days from the date when this notice was sent.

Reason

(Inventive step) The inventions according to the following claims of the present
application are based on the inventions described in the following publications
distributed in Japan or a foreign country prior to the filing of the application or
inventions that were made publicly available through electric telecommunication
lines. The appellant should not be granted a patent under the provisions of Article
29 (2) of the Patent Act because it could have been easily made by a person
ordinarily skilled in the art of the art to which the invention pertains prior to the
filing of the application.

Note (For the cited documents, please refer to the list of cited documents below.)

- Claim 1
- Cited Documents 1 and 2

- Remarks

(1) A case where the cited document 1 is the primarily cited document
Cited Document 1 : In an air conditioner, a mechanical unit 200 (corresponding to a
"compressor unit" of the present application) and a heat source side unit 100
(corresponding to "a heat source side heat exchanger unit" of the present
application) are provided, a four way valve 23 is built in the said mechanical unit
200, and an electric mechanical valve 15 is included in said heat source side unit
100. (Hereinafter, referred to as "Cited Invention 1") an invention (corresponding to
"main expansion valve" in the present application) is described (see paragraphs
[0010] - [0013], and Figs. 1 and 2). Furthermore, as is obvious from Fig. 2 of the
cited document 1, the mechanical unit 200 is a port to be connected to the gas pipe
and the liquid pipe of the heat source side unit 100 (corresponding to the "first and
 second heat source side heat exchanger unit ports" in the present application). A
port to be connected to the gas pipe and the liquid pipe of the user-side unit 300
(corresponding to the "first and second indoor unit ports" in the present
application) is provided.

In an air conditioner, to the outdoor unit 2 (equivalent to the "heat source unit" of
this application), in Cited Document 2 The four way directional control valve V1
(equivalent to the "four-way valve" of this application), The outdoor heat exchanger
22 (equivalent to the "heat source side heat exchanger" of this application), the
outdoor expansion valve V4 (equivalent to the "main expansion valve" of this
application), and the subcooler 26 (Hereinafter, referred to as "the cited invention
2") describes an invention (hereinafter referred to as "the cited invention 5")
having a "supercooling heat exchanger", a liquid side shutoff valve V 0016, and a gas
side shutoff valve V 6 (corresponding to the "first and second indoor unit ports" in
the present application) (see paragraphs [], [0022], and Fig. 1).

When the invention according to Claim 1 and the cited invention 1 are compared, they
are different in the following different feature 1, and they are identical in the
other aspects. [The different feature 1] The point that the invention according to
Claim 1 includes a supercooling heat exchanger in the compressor unit, whereas it is
unclear whether a supercooling heat exchanger is provided in the machine unit 200 in
Cited Invention 1.

The above-mentioned Different Feature 1 will now be discussed below In the cited
invention 2, a supercooling device 26 is provided to an outdoor unit 2, and it is
also a mere exercise of ordinary creativity by a person skilled in the art to provide
a supercooling device in accordance with the cited invention 1 in the cited
invention 2. Moreover -- the installed position of a subcooler -- the air conditioner
of Cited Invention 1 -- heating and cooling -- if it is switchable and an example is
taken [ that there may be the state where the heat source side unit 100 and the
utilization side unit 300 make each condense a refrigerant, and ] It could have been
easily conceived by a person skilled in the art that, instead of installing a
supercooling unit on the heat source side unit 100 or the use side unit 300, it is
most reasonable to install the supercooling unit on the machine unit 200. Hence, the
inventions according to Claims 1 could have easily been made by a person skilled in
the art based on Cited Inventions 1 and 2.

(2) A case where the cited document 2 is the primarily cited document
When the invention according to Claim 1 and the cited invention 2 are compared, they
are different in the following different feature 2, and they are identical in the
other aspects. [Different feature 2] The invention according to Claim 1 has a
configuration in which a heat source side heat-exchange unit is provided separately
from a compressor unit, and a main expansion valve is provided to the heat source
side heat exchanger unit, while it is unclear whether the outdoor heat exchanger 2
and the outdoor expansion valve V 4 are separated from the heat source unit or the
outdoor expansion valve V, respectively, in the Invention according to Claim 22 of
the present invention.

The above-mentioned Different Feature 2 will now be discussed below In the cited
invention 1, a mechanical unit 200 and a heat source side unit 100 are provided
separately, and an electric mechanical valve 15 is provided to the heat source side
unit 100. Moreover, in the cited invention 2, it could have been easily conceived by
a person skilled in the art to make the outdoor heat exchanger 22 and the outdoor
expansion valve V 4 into separate units in accordance with the cited invention 1. In
the air conditioner, to divide a heat source side unit into a heat source side heat
exchange unit and a compressor unit itself is described. As shown in the Fig.1 of
Fig.1-5 of Fig.1-4 of Cited document 3, and Cited document 4, the Fig.5 of Cited
document 5, the Fig.3 of Cited document 6, Fig.1-4 of Cited document 7, and Cited
document 8, before submission of this application, it is a well-known technical
matter very much, and the special circumstances that the separation itself is
difficult are not accepted in Cited Invention 2. Hence, the inventions according to
Claims 1 could have easily been made by a person skilled in the art based on Cited
Inventions 2 and 1.

- Claim 2
- Cited Documents 1 and 2

- Remarks

In the cited invention 2, a bypass refrigerant circuit 50 is provided for heat

exchange in a supercooling unit.

- Claim 3
- Cited Documents 1 and 2

- Remarks

In the cited invention 1, the expansion valve is not provided to the mechanical unit
200.

- Claim 4
- Cited Documents 1 and 2

- Remarks

The cited invention 1 includes an oil separator 22.

- Claim 5
- Cited Documents 1 and 2

- Remarks

In the cited invention 1, a mechanical unit 200 and one or more user-side units 300
are connected to each other.

The list of cited documents etc.

1.JP H 6-221620A
2.JP 2007-255738A
3.JP H 5-187669A (Document showing well-known arts)
4.JP H 10-89723A (Document showing well-known arts)
5.JP H 10-103715A (Document showing well-known arts)
6.KR Publication of Unexamined Disclosed Patent Application No. 10-2004-0003621
(Document showing well-known arts)
7.JP H 10-170034A (Document showing well-known arts)
8.JP 2000-39185A (Document showing well-known arts)

In correcting the scope of claims, a full text unit is not a claim unit (Note (7),
Form 13 of the Ordinance for Enforcement of the Patent Act). In addition, the
extension of the response period is limited to those based on the acquisition of
comparative experimental data or the translation of a trial document, unlike the
practice at the examination stage. The extended claim after a time-limit-for-response
lapse is not accepted. In detail, please refer to the trial guidelines 25 to 04.

A chief administrative judge, an Administrative judge, HIRAJO, Toshimasa, 9027, an

Administrative judge, YAMAZAKI, Katsushi, 8929, an Administrative judge, KAWAKAMI,
Kei, 3332