DETAILED ACTION
In view of the appeal brief filed on 10/14/2025, PROSECUTION IS HEREBY REOPENED. A new ground of rejection is set forth below.
To avoid abandonment of the application, appellant must exercise one of the following two options:
(1) file a reply under 37 CFR 1.111 (if this Office action is non-final) or a reply under 37 CFR 1.113 (if this Office action is final); or,
(2) initiate a new appeal by filing a notice of appeal under 37 CFR 41.31 followed by an appeal brief under 37 CFR 41.37. The previously paid notice of appeal fee and appeal brief fee can be applied to the new appeal. If, however, the appeal fees set forth in 37 CFR 41.20 have been increased since they were previously paid, then appellant must pay the difference between the increased fees and the amount previously paid.
A Supervisory Patent Examiner (SPE) has approved of reopening prosecution by signing below:
/LOGAN M KRAFT/Supervisory Patent Examiner, Art Unit 3747
Claim Rejections - 35 USC § 103
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) 1-4, 6-9, 16, 17, 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Stoltz (U.S. Pub. No. 2019/0140474) in view of Books (U.S. Pat. No. 11,548,391) and further in view of White (U.S. Pat. No. 4,272,967).
Regarding claim 1, Stoltz discloses a direct drive power system for powering a transport climate control system (fig. 2 shows a system powering a compressor for an HVAC system as well as wheels for transport), the direct drive power system comprising:
a powertrain (fig. 2) that includes a prime mover (204), a motor-generator (240), and a drive shaft (236),
wherein the prime mover is configured to generate mechanical power for powering a direct drive compressor of the transport climate control system via the drive shaft (the prime mover is an internal combustion engine which produces mechanical power),
Note: The independent claim does not specify what type of loads qualify only that they be a load of the “transport climate control system”. Which broadest reasonable interpretation would at least include loads having to do with “transport” or having to do with the “climate control”.
wherein the motor-generator includes a motor and a generator (the motor is also a generator), and
wherein the motor is configured to generate mechanical power for powering the direct driven compressor via the drive shaft (¶73 discloses the motor moving the drive shaft at low speeds), and wherein the motor-generator is provided between the prime mover and the direct driven compressor along the drive shaft (shown in fig. 2);
a battery source (248) electrically connected to the generator of the motor-generator, wherein the battery source is configured to supply electrical power to the motor of the motor-generator and configured to supply electrical power to an electrically driven load of the transport climate control system (¶76 discloses the battery powering the “electric” steering and ¶56 discloses how the batteries are used to power the electronics); and
a power system controller (122, 118) configured to monitor and control operation of the prime mover, the motor-generator, and the battery source.
Stoltz does not disclose wherein the transport climate control system is separate from and attached to a transport unit or wherein the direct drive power system is dedicated for powering the transport climate control system or wherein the power system controller is configured to operate the direct drive power system in a parallel operation mode in which both the prime mover and the motor-generator are instructed to concurrently supply mechanical power via the drive shaft to the direct drive compressor. (¶8 discloses the idea that power can be provided simultaneously which is what “shared load” can mean. But does not state that the motor and engine both power the shaft simultaneously in the explicit words needed to address the limitations.)
Books, which deals in hybrid systems, teaches wherein the power system controller is configured to operate the direct drive power system in a parallel operation mode in which both the prime mover and the motor-generator are instructed to concurrently supply mechanical power via the drive shaft to the direct drive compressor (col. 3, lines 28-35 discloses that the load 18 includes the HVAC compressor and col. 6, lines 40-47 discloses the ability for parallel operation in order to power the load).
It would have been obvious to one having ordinary skill in the art at the time the invention was made to have modified Stoltz with the parallel operation of Books because this helps to maintain stable operation by placing the load on all power sources. Stoltz teaches powering an HVAC compressor through a common shaft that is selectively powered by a motor and an engine, Books is being brought in to teach powering that common shaft simultaneously by both the motor and engine.
White, which deals in transport climate control, teaches wherein the transport climate control system is separate from and attached to a transport unit or wherein the direct drive power system is dedicated for powering the transport climate control system (abstract).
It would have been obvious to one having ordinary skill in the art at the time the invention was made to have modified Stoltz with the independent climate control of White because there are times when the climate control needs to be operated when it would be inefficient to operate the traction engine (col.1, lines 14-32).
Regarding claim 2 which depends from claim 1, Stoltz discloses wherein the powertrain further includes a clutch (242) disposed between the prime mover and the motor-generator along the drive shaft (fig. 2), wherein the clutch is controlled via the power system controller and wherein the clutch is configured to engage and disengage the prime mover from the drive shaft based on instructions received from the power system controller (paragraph 74).
Regarding claim 3 which depends from claim 1, Stoltz does not disclose further comprising a battery charger configured to connect to a utility power source for charging the battery source (although ¶11 discloses how this might use charging stations it does not directly state an exterior charging source is used).
Books, which deals in hybrids, teaches further comprising a battery charger (134 is a battery charger and its operation is disclosed in col. 6, lines 10-19 discloses charging at a charging station) configured to connect to a utility power source (col. 4, lines 18-27 discloses a grid power source which aligns with applicants paragraph 3 disclosure of a “utility”) for charging the battery source.
It would have been obvious to one having ordinary skill in the art at the time the invention was made to have modified Stoltz with the ability to charge at a charging station because this increases fuel savings (col. 6, line 17).
Regarding claim 4 which depends from claim 1, Stoltz discloses wherein the generator of the motor- generator is configured to convert mechanical power generated by the prime mover into electrical power and is configured to transfer the generated electrical power to the battery source for charging the battery source (paragraph 75).
Regarding claim 6 which depends from claim 1, Books discloses wherein the power system controller is configured to operate the direct drive power system in a prime mover operation mode in which the prime mover is instructed to supply mechanical power via the drive shaft to the direct drive compressor without assistance from the motor-generator (col. 6, lines 38-44).
Regarding claim 7 which depends from claim 1, Books discloses wherein the power system controller is configured to operate the direct drive power system in a motor-generator operation mode in which the motor-generator is instructed to supply mechanical power via the drive shaft to the direct drive compressor without assistance from the prime mover (col. 6, lines 38-44).
Regarding claim 8 which depends from claim 1, Stoltz discloses wherein the prime mover is one of: a diesel engine (paragraph 69), a gasoline engine (diesel option addressed), a compressed natural gas (CNG) engine, and a liquid nitrogen gas (LNG) engine.
Regarding claim 9 which depends from claim 1, Stoltz discloses wherein the direct drive compressor is configured to compress a working fluid passing through a climate control circuit of the transport climate control system (¶75 discloses and HVAC compressor).
Regarding claim 16 which depends from claim 1, Stoltz discloses wherein the power system controller is configured to:
monitor a prime mover parameter;
compare the monitored prime mover parameter to a prime mover threshold;
when the monitored prime mover parameter is less than the prime mover threshold, operate the direct drive power system in a parallel operation mode to power the direct drive compressor, wherein during the parallel operation mode the drive shaft is configured to concurrently transfer the generated mechanical power from the prime mover and the generated mechanical power from the motor-generator to the direct drive compressor, and when the monitored prime mover parameter is not less than the prime mover threshold, operate the direct drive power system in a prime mover operation mode to power the direct drive compressor. (The limitations of this claim have been addressed above in claim 1).
Regarding claims 17 which depends from claim 16, Hoshiya discloses wherein the monitored prime mover parameter indicates a load demand on the prime mover and the prime mover threshold indicates whether the prime mover is operating near peak torque (The threshold is where the engine is able to efficiently provide the needed power for this accelerator opening).
Regarding claim 21 which depends from claim 1, Stoltz discloses wherein the prime mover is an internal combustion engine (addressed by the citation) that supplies less than 19 kilowatts of mechanical power (the engine is able to provide a variable amount of power starting at 0 kilowatts).
Claim(s) 10-11, 13-15, 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Stoltz (U.S. Pub. No. 2019/0140474) in view of Hoshiya (U.S. Pat. No. 6,315,068) and further in view of White (U.S. Pat. No. 4,272,967).
Regarding claim 10, Stoltz discloses a method for operating a direct drive parallel power system to power a transport climate control system (fig. 2 shows a system powering a compressor for an HVAC system as well as wheels for transport), the method comprising: monitoring a prime mover parameter (¶128 discloses “vehicle conditions” which are monitored to determine operation); and when the monitored prime mover parameter is not less than the prime mover threshold operating the direct drive parallel power system in a prime mover operation mode to power the direct drive compressor (This system when the engine is engaged with the driveshaft is being powered by the engine)
Wherein operating the direct drive power system in the parallel operation mode includes:
A prime mover of the direct drive power system generating mechanical power (fig. 5);
A motor-generator of the direct drive power system generating mechanical power (fig. 7); and
A drive shaft (236) of the direct drive power system capable of transferring the generated mechanical power from the prime mover and the generated mechanical power from the motor-generator to the direct drive compressor (shown in fig. 2), and
Wherein the motor-generator is provided between the prime mover and the direct drive compressor along the drive shaft (shown in fig. 2).
Stoltz does not disclose wherein the transport climate control system is separate from and attached to a transport unit or wherein the direct drive power system is dedicated for powering the transport climate control system or comparing the monitored prime mover parameter to a prime mover threshold; when the monitored prime mover parameter is less than the prime mover threshold, operating the direct drive power system in a parallel operation mode to power a direct drive compressor of the transport climate control system or that the drive shaft will be concurrently transferring the generated mechanical power.
Hoshiya, which deals in hybrid systems, teaches comparing the monitored prime mover parameter to a prime mover threshold (fig. 8, 022); when the monitored prime mover parameter is less than the prime mover threshold, operating the direct drive power system in a parallel operation mode to power a direct drive compressor of the transport climate control system (Assist mode is used when high power is required and the engine speed is not yet sufficient shown in fig. 5) or that the drive shaft will be concurrently transferring the generated mechanical power (assist mode).
It would have been obvious to one having ordinary skill in the art at the time the invention was made to have modified Stoltz with the parallel operation of Hoshiya because this provides sufficient output torque (col. 1, lines 62-67). Hoshiya is teaching that both an engine and a motor can add torque to the same shaft in order to power devices that are linked to that shaft.
White, which deals in transport climate control, teaches wherein the transport climate control system is separate from and attached to a transport unit or wherein the direct drive power system is dedicated for powering the transport climate control system (abstract).
It would have been obvious to one having ordinary skill in the art at the time the invention was made to have modified Stoltz with the independent climate control of White because there are times when the climate control needs to be operated when it would be inefficient to operate the traction engine (col.1, lines 14-32).
Regarding claim 11 which depends from claim 10, Stoltz discloses wherein operating the direct drive power system in the parallel operation mode includes: a prime mover of the direct drive power system generating mechanical power; and a drive shaft of the direct drive parallel power system transferring the generated mechanical power from the prime mover to the direct drive compressor (Stoltz shows the system and Hoshiya discloses when a parallel operation would occur).
Regarding claim 13 which depends from claim 10, Stoltz discloses further comprising: determining whether a battery source of the direct drive parallel power system is sufficiently charged when the monitored prime mover parameter is not less than the prime mover threshold; when the battery source is sufficiently charged, operating the direct drive parallel power system in a motor-generator operation mode; and when the battery source is not sufficiently charged, operating the direct drive parallel power system in the prime mover operation mode (paragraph 131 discloses determining a “state of charge”).
Regarding claim 14 which depends from claim 13, Stoltz discloses wherein operating the direct drive parallel power system in the motor-generator operation mode includes:
a motor-generator of the direct drive parallel power system generating mechanical power (paragraph 73); and
a drive shaft of the direct drive parallel power system transferring the generated mechanical power from the motor-generator to the direct drive compressor (paragraph 75) without assistance from the prime mover.
Regarding claim 15 which depends from claim 10, Stoltz discloses further comprising a battery source (248) of the direct drive power system supplying electrical power to an electrically driven load of the transport climate control system.
Regarding claims 19 which depends from claim 10, Stoltz discloses wherein the monitored prime mover parameter indicates a load demand on the prime mover and the prime mover threshold indicates whether the prime mover is operating near peak torque (¶70 monitors the engine).
Allowable Subject Matter
Claims 18 and 20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: The claims require that a threshold be set where the engine is used in this hybrid system and that threshold is at 80-95% of peak torque. Other references would turn the engine on and operate the engine at peak output/efficiency and allow the motor to either assist to meet demand or charge the battery with excess power.
Response to Arguments
Applicant’s appeal brief filed on 10/14/2025 correctly points out that claims 16 and 17 were being rejected as if they depended from claim 10 when they actually depend from claim 1. This was cause for a confusing rejection as to which references were being applied. The case is being reopened so as to clearly state the rejection.
Applicant's arguments filed 10/14/2025 have been fully considered but they are not persuasive.
Applicant argues on page 7-10 and 13-15 that the prime mover (engine) and motor of the references are not operating in parallel to provide power to the compressor. It is important to note that the initial meaning of parallel operation was more like what is depicted in Books fig. 1 where the engine and the motor do not provide mechanical power to the same shaft like parallel lines being tied together in the same vehicle but not meeting. That definition has certainly been muddied and in this application it is being used to mean contributing power to the drive shaft concurrently. Books col. 6, lines 40-45 was referenced in order to address this definition of “parallel” where multiple energy sources are contributing power to the drive shaft in order to power the load. Specifically Books states “series (e.g., utilizing a single path that powers the wheels of the vehicle and a plurality of energy sources)”. Which is stating that the wheels are being powered by multiple sources like an engine and a motor. Stoltz which is teaching the hybrid model and a drive shaft that is driving the compressor which can be driven by either a motor or an engine is taught by Books that actually both the engine and motor can drive the shaft at the same time in order to provide the mechanical power.
Applicant argues on pages 10-12 and 15-17 that the Stoltz reference would be overdesigned and creating a lot of wasted energy for use in White. The Stoltz reference teaches an engine and motor for driving a shaft to power a compressor that this is used to additionally power wheels or to power only the compressor is up to one of ordinary skill in the art as to how they want to use these references. The modifications are obvious to one of ordinary skill in the art to leave or take away what is needed for the purpose they are designing for.
Applicant argues on page 12 for the structure required in claim 3 to connect to an exterior power source in order to charger a battery has not been addressed by the references. Both references discuss the ability to charge at a charging station, Books specifically discusses that the system is receiving power from an exterior source to charge the battery. Claim 3 does not claim any structure for this outside of a “battery charger”. Books also has a charge system, 134, which charges the battery. Since Books is stating that power is being received a connection for transferring the power must be present, but this can be done wirelessly as opposed to a physical contact.
Applicant argues on page 13 that the engine of Stoltz is not able to provide less than 19 kilowatts of power. Zero power provided is always an option for a system to provide zero amounts of power.
Applicant argues on pages 17 and 18 that the cited references do not monitor prime mover demand. The claim only requires that what is monitored be an indication of demand, this does not have to be a definitive indication or “indicative”. The references were cited for their monitoring of the speed of the prime mover which is an indication of demand and these systems have a limit that they cannot physically pass which limits their peak torque.
Conclusion
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/GONZALO LAGUARDA/Primary Examiner, Art Unit 3747