DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Objection
Claim 1 (preamble) is directed to “A device for recovering and regulating thermal energy…” Line 3 of claim 1 recites “said regulation device.” The preambles of claims 13-26 begin with “The thermal energy recovery and regulation device…” It’s suggested to amend the claims for consistent language, e.g. amending “the regulation device” in line 3 of claim 1 to read “the device.”; amending claims 13-26 so that “The thermal energy recovery and regulation device” reads “The device” for consistency back to claim 1.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the plurality of motors (Claims 19, 22, 25, 26) and the braking circuit mounted on each wheel (claim 26) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 12-26 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 12 recites the limitation (emphasis added) “said electrochemical generator being chosen from a group comprising batteries and fuel cells or hybrids,” which renders the claim indefinite per MPEP 2173.05(h). To overcome this rejection, “comprising” should be amended to read “consisting of.”
A Markush grouping is a closed group of alternatives, i.e., the selection is made from a group “consisting of” (rather than “comprising” or “including”) the alternative members. Abbott Labs., 334 F.3d at 1280, 67 USPQ2d at 1196. If a Markush grouping requires a material selected from an open list of alternatives (e.g., selected from the group “comprising” or “consisting essentially of” the recited alternatives), the claim should generally be rejected under 35 U.S.C. 112(b) as indefinite because it is unclear what other alternatives are intended to be encompassed by the claim. See In re Kiely, 2022 USPQ2d 532 at 2* (Fed. Cir. 2022) (each independent claim recites "a selection from the group comprising a person, an animal, an animated character, a creature, an alien, a toy, a structure, a vegetable, and a fruit.” … (emphasis added). “Given the breadth of variation among the specified alternatives and the use of the open-ended word ’comprising’ to define the scope of the list, we affirm the Board's conclusion that the pending claims recite improper Markush language and are indefinite under § 112(b).”). If a claim is intended to encompass combinations or mixtures of the alternatives set forth in the Markush grouping, the claim may include qualifying language preceding the recited alternatives (such as “at least one member” selected from the group), or within the list of alternatives (such as “or mixtures thereof”). Id. at 1281. See also MPEP § 2111.03.
Claims 13-26 are indefinite at least by virtue of dependency.
Claims 18, 21, 24 recite “wherein the braking circuit comprises essentially a resistor…” [emphasis added]. The limitations combines open and closed claim terminology in a way which renders the claims indefinite. It is unclear from the claims what additional elements are excluded or may be included while still remaining within the claim scope.
Claims 19, 22, 25 recite “configured to effect secure independent braking for each wheel while recovering a more precise thermal energy from the braking circuit” [emphasis added]. The scope of the functional limitation is unclear from the claims and specification. The term “more precise” is a relative term which renders the claim indefinite. The term “more precises thermal energy” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. It is unclear from the claims and specification how a similar device with independent braking for each wheel would be distinguished from the claims.
Claims 19, 22, 23, 25, 26, recites “further comprising four traction electric motors”. Claim 12 from which these claims depend recites “at least one electric motor”. It is unclear from the claims and specification if the claim requires five motors or is the four traction motors limitation falls within the “at least one electric motor” previously recited.
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) 12, 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over CH711726A2 in view of Newnan US20180281617. A copy of CH711726A2 was provided by applicant on 08/02/2023 with a partial translation. Examiner has included a complete machine translation CH711726A2 with this action.
Regarding claim 12, CH711726A2 discloses a device for recovering and regulating thermal energy of an electric vehicle with an electrochemical generator (Fig. 1, electrochemical generator 1), said electrochemical generator being chosen from a group comprising batteries and fuel cells or hybrids (see translated title), said regulation device comprising:
an air-conditioning circuit of an HVAC system of a vehicle cabin where a fluid circulates (Fig. 1, abstract),
said air-conditioning circuit comprising
at least one external condenser/evaporator (Fig. 1, 2),
a compressor (Fig. 1, 4),
an internal condenser intended to heat the cabin (Fig. 1, 6),
a first expansion orifice provided downstream of the internal condenser between the internal condenser and the external condenser/evaporator (Fig. 1, 8),
an internal evaporator intended to cool the cabin (Fig. 1, 14), and
a second expansion orifice provided upstream of the internal evaporator, between the external condenser/evaporator and the internal evaporator (Fig. 1, 12);
a first heating or thermal energy recovery circuit of the electrochemical generator where said fluid circulates, said first heating circuit of the electrochemical generator comprising
a first fluid supply conduit for supplying the fluid to a heat-transfer element associated with the electrochemical generator, said first fluid supply conduit being connected to a first outlet provided between the compressor and the internal condenser (Fig. 1, supply 22), and
a first fluid discharge conduit for discharging the fluid from the heat-transfer element, which is connected to a first inlet provided between the internal condenser and the first expansion orifice (Fig. 1, discharge 26); and
a second cooling or thermal energy recovery circuit of the electrochemical generator, said second cooling circuit of the electrochemical generator comprising
a second fluid supply conduit for supplying fluid to the heat-transfer element associated with the electrochemical generator, said second fluid supply conduit being connected to a second outlet provided between the second expansion orifice and the internal evaporator (Fig. 1, supply 30),
a second fluid discharge conduit of the heat-transfer element, which is connected to a second inlet provided downstream of the internal evaporator, between the internal evaporator and the compressor (Fig. 1, discharge 34),
a plurality of valves being configured to put the air-conditioning circuit in communication with one or other of the first heating circuit and second cooling circuit of the electrochemical generator (24, 28, 32, 20), and
means of controlling said valves arranged (abstract of the provided translation) to allow, according to a temperature of the electrochemical generator, the circulation of the fluid from the air-conditioning circuit in the first heating circuit to heat the electrochemical generator or to recover heating thermal energy from the electrochemical generator, as well as the circulation of the fluid from the air- conditioning circuit in the second cooling circuit to cool the electrochemical generator or to recover cooling thermal energy from the electrochemical generator (abstract),
CH711726A2 does not expressly disclose
wherein the thermal energy recovery and regulation device further comprises at least one electric motor and at least one electronic circuit, both arranged to be connected to the first heating circuit or to the second cooling circuit connected to the electrochemical generator, said at least one electric motor and said at least one electronic circuit being configured to recover heating or cooling thermal energy.
Newnan US20180281617 teaches a cooling system for a vehicle comprising at least one battery, at least one motor, and at least one electronic circuit (Fig. 4) arranged to be connected to a heating circuit (Fig. 4, ¶34-¶38). Newnan teaches that such a configuration provides thermal management for the respective components (¶39, ¶ 71, ¶72).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the prior art device to provide cooling for the respective heat producing components, as taught by Newnan, since doing so amounts to a known technique for modifying vehicle thermal management systems with the known predictable result of providing cooling for the respective components.
Regarding claim 13, CH711726A2 in view of Newnan US20180281617 teaches the thermal energy recovery and regulation device according to claim 12, wherein said at least one electric motor and said at least one electronic circuit are arranged in parallel with the electrochemical generator (Newnan, Fig. 1 shows the cooling circuits in parallel) connected to the first heating circuit or to the second cooling circuit (CH711726A2, see above).
Claim(s) 12, 14, 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over CH711726A2 in view of Lee US20190168569.
Regarding claim 12, CH711726A2 discloses a device for recovering and regulating thermal energy of an electric vehicle with an electrochemical generator (Fig. 1, electrochemical generator 1), said electrochemical generator being chosen from a group comprising batteries and fuel cells or hybrids (see translated title), said regulation device comprising:
an air-conditioning circuit of an HVAC system of a vehicle cabin where a fluid circulates (Fig. 1, abstract),
said air-conditioning circuit comprising
at least one external condenser/evaporator (Fig. 1, 2),
a compressor (Fig. 1, 4),
an internal condenser intended to heat the cabin (Fig. 1, 6),
a first expansion orifice provided downstream of the internal condenser between the internal condenser and the external condenser/evaporator (Fig. 1, 8),
an internal evaporator intended to cool the cabin (Fig. 1, 14), and
a second expansion orifice provided upstream of the internal evaporator, between the external condenser/evaporator and the internal evaporator (Fig. 1, 12);
a first heating or thermal energy recovery circuit of the electrochemical generator where said fluid circulates, said first heating circuit of the electrochemical generator comprising
a first fluid supply conduit for supplying the fluid to a heat-transfer element associated with the electrochemical generator, said first fluid supply conduit being connected to a first outlet provided between the compressor and the internal condenser (Fig. 1, supply 22), and
a first fluid discharge conduit for discharging the fluid from the heat-transfer element, which is connected to a first inlet provided between the internal condenser and the first expansion orifice (Fig. 1, discharge 26); and
a second cooling or thermal energy recovery circuit of the electrochemical generator, said second cooling circuit of the electrochemical generator comprising
a second fluid supply conduit for supplying fluid to the heat-transfer element associated with the electrochemical generator, said second fluid supply conduit being connected to a second outlet provided between the second expansion orifice and the internal evaporator (Fig. 1, supply 30),
a second fluid discharge conduit of the heat-transfer element, which is connected to a second inlet provided downstream of the internal evaporator, between the internal evaporator and the compressor (Fig. 1, discharge 34),
a plurality of valves being configured to put the air-conditioning circuit in communication with one or other of the first heating circuit and second cooling circuit of the electrochemical generator (24, 28, 32, 20), and
means of controlling said valves arranged (abstract of the provided translation) to allow, according to a temperature of the electrochemical generator, the circulation of the fluid from the air-conditioning circuit in the first heating circuit to heat the electrochemical generator or to recover heating thermal energy from the electrochemical generator, as well as the circulation of the fluid from the air- conditioning circuit in the second cooling circuit to cool the electrochemical generator or to recover cooling thermal energy from the electrochemical generator (abstract),
CH711726A2 does not expressly disclose
wherein the thermal energy recovery and regulation device further comprises at least one electric motor and at least one electronic circuit, both arranged to be connected to the first heating circuit or to the second cooling circuit connected to the electrochemical generator, said at least one electric motor and said at least one electronic circuit being configured to recover heating or cooling thermal energy.
Lee US20190168569 teaches a cooling system for a vehicle comprising at least one battery (Fig. 4, 360), at least one motor (Fig. 4, 350, ¶53), and at least one electronic circuit (110, ¶54) arranged to be connected to a heating circuit (Fig. 4). Lee teaches that such a configuration provides thermal management for the respective components (¶10).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the prior art device to provide cooling for the respective heat producing components, as taught by Lee, since doing so amounts to a known technique for modifying vehicle thermal management systems with the known predictable result of providing cooling for the respective components.
Regarding claim 14, the previously combined reference teach the thermal energy recovery and regulation device according to claim 12, wherein said at least one electric motor and said at least one electronic circuit are arranged in series with the electrochemical generator (Lee, Fig. 4) connected to the first heating circuit or to the second cooling circuit (CH711726A2, Fig. 1).
Regarding claim 15, the previously combined reference teach the thermal energy recovery and regulation device according to claim 12, wherein said at least one electric motor and said at least one electronic circuit are arranged in series (Lee, Fig. 4) with the electrochemical generator while being connected by conduits in which a liquid circulates, the device further comprises a pump for circulating the liquid (Lee, Fig. 4, one of pumps 419, 361, 326) and a gas-liquid heat exchanger receiving the liquid at an inlet of the assembly (Lee, 319 ¶39), which comprises the electrochemical generator, the at least one electric motor and the at least one electronic circuit, and a connection is made either to the first heating circuit or to the second cooling circuit at the external inlet of the exchanger, which receives gaseous fluid (Lee, Fig. 4).
Claim(s) 16, 17, 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over CH711726A2 in view of Newnan US20180281617 in further view of Stone US20070144800
Regarding claim 16, the previously combined references do not expressly disclose the thermal energy recovery and regulation device according to claim 12, further comprising a braking circuit of the vehicle with a resistor configured to heat up during braking, said resistor being disposed in connection with the first heating circuit or the second cooling circuit for recovery of thermal energy.
Stone US20070144800 teaches a system and method for utilizing braking resistors in a vehicle and generating supplemental heating (abstract) comprising a braking circuit of the vehicle with a resistor configured to heat up during braking, said resistor being disposed in connection with the first heating circuit or the second cooling circuit for recovery of thermal energy (Fig. 1A, inter alia). Stone teaches that such a configuration provides additional braking, reduces wear on friction brakes, and provide supplemental heating (¶6-¶11).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the prior art device with a braking resistor and supplemental heating system, as taught by Stone, since doing so amounts to a known technique for improving vehicle systems with the known predictable results of additional braking, reducing wear on friction brakes, and supplemental heating
Regarding claim 17, the previously combined references do not expressly disclose the thermal energy recovery and regulation device according to claim 12, wherein said at least one electric motor, said at least one electronic circuit, and a braking circuit are arranged in parallel with the electrochemical generator connected to the first heating circuit or to the second cooling circuit.
Stone US20070144800 teaches a system and method for utilizing braking resistors in a vehicle and generating supplemental heating (abstract) comprising a braking circuit of the vehicle with a resistor configured to heat up during braking, said resistor being disposed in connection with the first heating circuit or the second cooling circuit for recovery of thermal energy (Fig. 1A, inter alia). Stone teaches that such a configuration provides additional braking, reduces wear on friction brakes, and provide supplemental heating (¶6-¶11).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the prior art device with a braking resistor and supplemental heating system, as taught by Stone, since doing so amounts to a known technique for improving vehicle systems with the known predictable results of additional braking, reducing wear on friction brakes, and supplemental heating
Regarding claim 18, the previously combined references teach the thermal energy recovery and regulation device according to claim 17, wherein the braking circuit comprises essentially a resistor through which an electric current passes following a triggering of a braking of the vehicle, the resistor heating up during the braking and heating a gaseous or liquid fluid surrounding the resistor to provide thermal energy for heating the cabin or the electrochemical generator (Stone, Fig. 1a).
Claim(s) 20, 21, 23, 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over CH711726A2 in view of Lee US20190168569 in further view of Stone US20070144800.
Regarding claim 20, the previously combined reference teach the thermal energy recovery and regulation device according to claim 12, wherein said at least one electric motor, said at least one electronic circuit, are arranged in series with the electrochemical generator connected to the first heating circuit or to the second cooling circuit (Lee Fig. 4).
The previously combined references do not expressly teach and a braking circuit.
Stone US20070144800 teaches a system and method for utilizing braking resistors in a vehicle and generating supplemental heating (abstract) comprising a braking circuit of the vehicle with a resistor configured to heat up during braking, said resistor being disposed in connection with the first heating circuit or the second cooling circuit for recovery of thermal energy (Fig. 1A, inter alia). Stone teaches that such a configuration provides additional braking, reduces wear on friction brakes, and provide supplemental heating (¶6-¶11).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the prior art device with a braking resistor and supplemental heating system, as taught by Stone, since doing so amounts to a known technique for improving vehicle systems with the known predictable results of additional braking, reducing wear on friction brakes, and supplemental heating
Regarding claim 21, the previously combined reference teach the thermal energy recovery and regulation device according to claim 20, wherein the braking circuit comprises essentially a resistor through which an electric current passes following a triggering of a braking of the vehicle, the resistor heating up during the braking and heating a gaseous or liquid fluid surrounding the resistor to provide thermal energy for heating the cabin or the electrochemical generator (Stone, Fig. 1a).
Regarding claim 23, the previously combined reference teach the thermal energy recovery and regulation device according to claim 12, wherein said at least one electric motor, said at least one electronic circuit, and a braking circuit are arranged in series with the electrochemical generator while being connected by conduits wherein a liquid circulates (Lee, Fig. 4), the device further comprises a pump for circulating the liquid (Lee, Fig. 4, one of pumps 419, 361, 326) and a gas-liquid heat exchanger receiving the liquid at an inlet of the assembly (Lee, 319 ¶39), which comprises the electrochemical generator, the at least one electric motor and the at least one electronic circuit, and a connection is made either to the first heating circuit or to the second cooling circuit at the external inlet of the exchanger, which receives the gaseous fluid (Lee, Fig. 4).
The previously combined references do not expressly teach a braking circuit.
Stone US20070144800 teaches a system and method for utilizing braking resistors in a vehicle and generating supplemental heating (abstract) comprising a braking circuit of the vehicle with a resistor configured to heat up during braking, said resistor being disposed in connection with the first heating circuit or the second cooling circuit for recovery of thermal energy (Fig. 1A, inter alia). Stone teaches that such a configuration provides additional braking, reduces wear on friction brakes, and provide supplemental heating (¶6-¶11).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the prior art device with a braking resistor and supplemental heating system, as taught by Stone, since doing so amounts to a known technique for improving vehicle systems with the known predictable results of additional braking, reducing wear on friction brakes, and supplemental heating
Regarding claim 24, the previously combined reference teach the thermal energy recovery and regulation device according to claim 23, wherein the braking circuit comprises essentially a resistor through which an electric current passes following the triggering of a braking of the vehicle, the resistor heating up during the braking and heating a gaseous or liquid fluid surrounding the resistor in order to provide thermal energy for heating the cabin or the electrochemical generator (Stone, Fig. 1a)..
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over CH711726A2 in view of Newnan US20180281617 in further view of Stone US20070144800 in further view of Clark US20060108956.
Regarding claim 19, The previously combined references do not expressly teach the thermal energy recovery and regulation device according to claim 17, further comprising four traction electric motors, with one of the four traction electric motors in each wheel of the vehicle, configured to effect secure independent braking for each wheel while recovering a more precise thermal energy from the braking circuit.
Clark US20060108956 teaches a drive system for an electric vehicle wherein each wheel is provided with separate motors thereby providing independent braking which enhances traction and provides redundancy (¶81)
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the prior art device with traction electric motors in each wheel of the vehicle since doing so is a known technique for improving electric vehicles with the known predictable results of providing independent braking which enhances traction and provides redundancy
Claim(s) 22, 25, 26 is/are rejected under 35 U.S.C. 103 as being unpatentable over CH711726A2 in view of Lee US20190168569 in further view of Stone US20070144800 in further view of Clark US20060108956.
Regarding claim 22, The previously combined references do not expressly teach the thermal energy recovery and regulation device according to claim 20, further comprising four traction electric motors, with one of the four traction electric motors in each wheel of the vehicle, configured to effect secure independent braking for each wheel while recovering a more precise thermal energy from the braking circuit.
Clark US20060108956 teaches a drive system for an electric vehicle wherein each wheel is provided with separate motors thereby providing independent braking which enhances traction and provides redundancy (¶81)
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the prior art device with traction electric motors in each wheel of the vehicle since doing so is a known technique for improving electric vehicles with the known predictable results of providing independent braking which enhances traction and provides redundancy
Regarding claim 25 The previously combined references do not expressly teach the thermal energy recovery and regulation device according to claim 23, further comprising four traction electric motors, with one of the four traction electric motors in each wheel of the vehicle, configured to effect secure independent braking for each wheel while recovering a more precise thermal energy from the braking circuit.
Clark US20060108956 teaches a drive system for an electric vehicle wherein each wheel is provided with separate motors thereby providing independent braking which enhances traction and provides redundancy (¶81)
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the prior art device with traction electric motors in each wheel of the vehicle since doing so is a known technique for improving electric vehicles with the known predictable results of providing independent braking which enhances traction and provides redundancy
Regarding claim 26, The previously combined references the thermal energy recovery and regulation device according to claim 25, wherein the braking circuit is mounted on each wheel of the vehicle with each one of the four traction electric motors (Stone, Fig. 2A, ¶24 the resistors are connected or mounted to all the motors) .
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Deepak Deean whose telephone number is (571)270-3347. The examiner can normally be reached M-Th 10-4.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Edelmira Bosques can be reached at (571)270-5614. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DEEPAK A DEEAN/Examiner, Art Unit 3762 /MICHAEL G HOANG/Supervisory Patent Examiner, Art Unit 3762