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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 08/30/2022 was filed on or after the mailing date of the Application. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Election/Restrictions
Claims 10-18 withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention or species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 09/15/2025.
Applicant's election with traverse of Group I in the reply filed on 09/15/2025 is acknowledged. The traversal is on the ground(s) that the Office Action did not show the requirements of MPEP 806.05(j). This is not found persuasive because the Office Action indicates that the inventions require different parts not claimed (i.e. at least the reversing valve and a plurality of DCV are not required in both groups), therefore providing different designs for different applications, functions and/or effects, thus making them mutually exclusive non-obvious variants being drawn to separate classifications.
The requirement is still deemed proper and is therefore made FINAL.
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 1-9 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.
Regarding Claim 1, the recitation of “...the EV including… a first condenser…a second condenser…a third condenser… a chiller… a first evaporator…and a second evaporator…,” renders the claim unclear. Specifically, the claim does not appear to correlate with the disclosure as presented in the Application papers. A review of the specification appears to annotate a first condenser 106A, a second condenser 106B and a second evaporator 106C in reference to the heating mode, Fig. 7 on Pages 29-30. Similarly, the specification appears to also annotate a first evaporator 106A, a chiller 106B, and a third condenser 106C in reference to the cooling mode, Fig. 1, on Pages 23-24. Thus, it appears that the invention does not contain all heat exchangers as recited in the claims. Rather, a plurality of heat exchangers appear to take on different names depending on the configuration (i.e. whether the EV is in cooling mode or heating mode). Therefore, the claims do not meet the minimum requirements for precision and clarity, thus the claim and all claims depending therefrom are indefinite and are rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph. For the purposes of Examination, the claims will be interpreted in light of the drawings and specification to the best of the Examiner’s ability on their merits in the interest of compact prosecution.
Allowable Subject Matter
Claims 1-9 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Reasons for Allowance
The following is a statement of reasons for the indication of allowable subject matter:
The prior art of record when consider as a whole, alone or in combination, neither anticipates nor renders obvious a battery thermal management system (BTMS) for an electric vehicle (EV) in cooling mode or heating mode, the EV including a battery, a first condenser for heating a passenger cabin of the EV, a second condenser for heating the battery, a third condenser, a compressor, a chiller for cooling the battery, a first evaporator for cooling the passenger cabin, and a second evaporator, the BTMS comprising an ejector, a primary directional control valve (DCV), a secondary DCV, an ejector DCV, a compressor input DCV, a compressor output DCV, a reference DCV, a battery output DCV, a battery input DCV and a controller, wherein: the ejector has a primary inlet, a secondary inlet and an output, the primary DCV is configured to couple the first evaporator to the primary inlet of the ejector or to the secondary DCV in the cooling mode, and to couple the first condenser to the primary inlet of the ejector or to the secondary DCV in the heating mode, the secondary DCV is configured to couple the primary DCV and the chiller to the secondary inlet of the ejector or to the ejector DCV in the cooling mode, and to couple the primary DCV and the second condenser to the secondary inlet of the ejector or to the ejector DCV in the heating mode, the ejector DCV is configured to couple the output of the ejector or the secondary DCV to the compressor input DCV in the cooling mode or to the second evaporator in the heating mode, the compressor input DCV is configured to couple the ejector DCV to the compressor in the cooling mode, or to couple the reference DCV to the compressor in the heating mode, the compressor output DCV is configured to couple the compressor to the third condenser in the cooling mode or to at least one of the first condenser and the second condenser in the heating mode, the reference DCV is configured to couple the third condenser to at least one of the first evaporator and the chiller in the cooling mode or to couple the second evaporator to the compressor input DCV in the heating mode, and the battery output DCV is configured to couple the battery to the chiller or to the battery input DCV in the cooling mode, or to couple the battery to the second condenser or to the battery input DCV in the heating mode, the battery input DCV is configured to couple the battery output DCV or the chiller to the battery in the cooling mode, or to couple the second condenser or the battery output DCV to the battery in the heating mode, and the controller is configured to control the primary DCV, the secondary DCV, the ejector DCV, the compressor input DCV, the compressor output DCV, the reference DCV, the battery input DCV and the battery output DCV based on an optimal battery temperature range of the battery, a coolant temperature of the battery, an ambient temperature of the EV, a passenger cabin temperature of the passenger cabin, and/or an optimal passenger cabin temperature range of the passenger cabin of instant claim 1.
The closet prior art reference, Brodie et al. (US 20120234518 A1) teaches a battery heating and cooling system for an electric vehicle, including a battery, a first condenser, a second condenser, a third condenser, a compressor, a chiller for cooling the battery, a first evaporator, a second evaporator, the system comprising an ejector having a first inlet, a second inlet, and an output (Figure 10); however, while Brody generally discloses the use of four-way valves for controlling flow through the system, the reference fails to disclose, suggest or teach wherein the system further includes a primary directional control valve (DCV), a secondary DCV, an ejector DCV, a compressor input DCV, a compressor output DCV, a reference DCV, a battery DCV, a battery input DCV, the primary DCV is configured to couple the first evaporator to the primary inlet of the ejector or to the secondary DCV in the cooling mode, and to couple the first condenser to the primary inlet of the ejector or to the secondary DCV in the heating mode, the secondary DCV is configured to couple the primary DCV and the chiller to the secondary inlet of the ejector or to the ejector DCV in the cooling mode, and to couple the primary DCV and the second condenser to the secondary inlet of the ejector or to the ejector DCV in the heating mode, the ejector DCV is configured to couple the output of the ejector or the secondary DCV to the compressor input DCV in the cooling mode or to the second evaporator in the heating mode, the compressor input DCV is configured to couple the ejector DCV to the compressor in the cooling mode, or to couple the reference DCV to the compressor in the heating mode, the compressor output DCV is configured to couple the compressor to the third condenser in the cooling mode or to at least one of the first condenser and the second condenser in the heating mode, the reference DCV is configured to couple the third condenser to at least one of the first evaporator and the chiller in the cooling mode or to couple the second evaporator to the compressor input DCV in the heating mode, and the battery output DCV is configured to couple the battery to the chiller or to the battery input DCV in the cooling mode, or to couple the battery to the second condenser or to the battery input DCV in the heating mode, the battery input DCV is configured to couple the battery output DCV or the chiller to the battery in the cooling mode, or to couple the second condenser or the battery output DCV to the battery in the heating mode, and the controller is configured to control the primary DCV, the secondary DCV, the ejector DCV, the compressor input DCV, the compressor output DCV, the reference DCV, the battery input DCV and the battery output DCV based on an optimal battery temperature range of the battery, a coolant temperature of the battery, an ambient temperature of the EV, a passenger cabin temperature of the passenger cabin, and/or an optimal passenger cabin temperature range of the passenger cabin.
Therefore, it would not be obvious to modify the technique of the prior art structures to have the apparatus as claimed without improper hindsight and independent claim 1 with dependent claims therefrom are considered allowable.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled "Comments on Statement of Reasons for Allowance".
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEITH S MYERS whose telephone number is (571)272-5102. The examiner can normally be reached 8:00-4:00.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jerry-Daryl Fletcher can be reached at (571) 270-5054. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/KEITH STANLEY MYERS/Examiner, Art Unit 3763
/JERRY-DARYL FLETCHER/Supervisory Patent Examiner, Art Unit 3763