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 Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-4, 7, 16 and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Krug, Jr. et al. (US 2016/0113149, herein “Krug”).
Regarding claim 1, Krug discloses:
a coolant distribution manifold (400, seen in fig. 4 and figs. 5A-5B) for an electronics cooling system (110’’) [par. 0027, lines 1-7, as it applies to the embodiment of figure 4, see par. 0044], the cooling system (110’’) (figs. 4-5B) comprising a temperature conditioning circuit (350’) (seen in fig. 4) [par. 0029], and at least two coolant circuits (circuits of each of the respective electronic systems 301) (seen in figs. 4 and 5A) [par. 0027, lines 7-14, as it applies to the embodiment of figure 4, see par. 0044; par. 0045, lines 15-20] each configured to cool a respective electronic system (301) [par. 0030 and par. 0045, lines 15-20],
wherein the coolant distribution manifold (400) (figs. 4-5A) comprises:
at least one first coolant inlet (the topmost 502, seen in annotated fig. 5A-KRUG, page 3; and fig. 4, where the arrows ingressing receiving section of 320’ represent inlets 502 of fig. 5A) configured to receive coolant from the temperature conditioning circuit (350’) (seen in fig. 4, where coolant flowing through section 350’ flows to section 320’);
a receiving section (of 320’) comprising at least one second coolant inlet (each of the remaining 502, seen in annotated fig. 5A-KRUG, page 3; and fig. 4, where the arrows ingressing receiving section of 320’ represent inlets 502 of fig. 5A) configured to receive coolant from the at least two coolant circuits (circuits of each of the respective electronic systems 301) (seen in figs. 4 and 5A, where coolant flowing through the circuits of electronic systems 301 flows to section 320’); and
a supplying section (330’) configured to supply coolant to the at least two coolant circuits (circuits of each of the respective electronic systems 301) (through pumping units 335’) (fig. 4) [par. 0030, lines 1-6, as it applies to the embodiment of figure 4, see par. 0044]; and
wherein the supplying section (330’) is arranged downstream of the at least one first coolant inlet (the topmost 502, seen in annotated fig. 5A-KRUG, below; and fig. 4, where the arrows ingressing receiving section of 320’ represent inlets 502 of fig. 5A) and of the receiving section (of 320’) relative to an intended flow direction through the manifold (400) (the flow direction is seen in fig. 4).
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The recitation “for a vehicle propulsion battery cooling system” is considered to be a recitation with respect to the manner in which a claimed apparatus is intended to be used. It is noted that a recitation with respect to the manner in which a claimed apparatus is intended to be used does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations of the claimed, as is the case here. Refer to MPEP 2114 (II). In the instant case, the system disclosed by Krug, Jr. having the same structure claimed is capable of being used for a vehicle propulsion battery cooling system and, therefore, to cool a respective set of battery cells.
Regarding claim 2, Krug discloses:
the at least one first coolant inlet (the topmost 502, seen in annotated fig. 5A-KRUG, page 3; and fig. 4, where the arrows ingressing receiving section of 320’ represent inlets 502 of fig. 5A) of the manifold (400) being arranged upstream of the receiving section (of 320’) relative to an intended flow direction through the manifold (400) (following the flow direction of the coolant through the cooling system 110’’ depicted by arrows seen in fig. 4).
Regarding claim 3, Krug discloses:
the manifold (400) comprising at least one coolant outlet (fig. 4, the arrows egressing supplying section 330’) configured to feed coolant to the temperature conditioning circuit (350’) (seen in fig. 4).
Regarding claim 4, Krug discloses:
the at least one second coolant outlet (fig. 4, the arrows egressing supplying section 330’) of the manifold (400) being located downstream of the supplying section (330’) relative to an intended flow direction through the manifold (400) (seen in fig. 4).
Regarding claim 7, Krug discloses:
the manifold (400) comprising a deairing section (321’) configured to evacuate air from the manifold (400) [par. 0028, lines 1-5, as it applies to the embodiment of figure 4, see par. 0044].
Regarding claim 16, Krug discloses:
the at least one first coolant inlet (the topmost 502, seen in annotated fig. 5A-KRUG, page 3; and fig. 4, where the arrows ingressing receiving section 320’ represent inlets 502 of fig. 5A) of the manifold being located adjacent to the receiving section (of 320’) of the manifold (400) (see annotated fig. 5A-KRUG, page 3).
Regarding claim 18, Krug discloses:
the at least one second coolant outlet (fig. 4, the arrows egressing supplying section 330’) of the manifold (400) being located adjacent to the supply section (330’) (seen in fig. 4).
Claims 1 and 17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Krug,
Regarding claim 1, Krug discloses:
a coolant distribution manifold (400, seen in fig. 4 and figs. 5A-5B) for an electronics cooling system (110’’) [par. 0027, lines 1-7, as it applies to the embodiment of figure 4, see par. 0044], the cooling system (110’’) (figs. 4-5B) comprising a temperature conditioning circuit (350’) (seen in fig. 4) [par. 0029], and at least two coolant circuits (circuits of each of the respective electronic systems 301) (seen in figs. 4 and 5A) [par. 0027, lines 7-14, as it applies to the embodiment of figure 4, see par. 0044; par. 0045, lines 15-20] each configured to cool a respective electronic system (301) [par. 0030 and par. 0045, lines 15-20],
wherein the coolant distribution manifold (400) (figs. 4-5A) comprises:
at least one first coolant inlet (the bottommost 502, seen in annotated fig. 5A-KRUG, page 3; and fig. 4, where the arrows ingressing receiving section of 320’ represent inlets 502 of fig. 5A) configured to receive coolant from the temperature conditioning circuit (350’) (seen in fig. 4, where coolant flowing through section 350’ flows to section 320’);
a receiving section (of 320’) comprising at least one second coolant inlet (each of the remaining 502, seen in annotated fig. 5A-KRUG, page 3; and fig. 4, where the arrows ingressing receiving section of 320’ represent inlets 502 of fig. 5A) configured to receive coolant from the at least two coolant circuits (circuits of each of the respective electronic systems 301) (seen in figs. 4 and 5A, where coolant flowing through the circuits of electronic systems 301 flows to section 320’); and
a supplying section (330’) configured to supply coolant to the at least two coolant circuits (circuits of each of the respective electronic systems 301) (through pumping units 335’) (fig. 4) [par. 0030, lines 1-6, as it applies to the embodiment of figure 4, see par. 0044]; and
wherein the supplying section (330’) is arranged downstream of the at least one first coolant inlet (the bottommost 502, seen in annotated fig. 5A-KRUG, page 3; and fig. 4, where the arrows ingressing receiving section of 320’ represent inlets 502 of fig. 5A) and of the receiving section (of 320’) relative to an intended flow direction through the manifold (400) (the flow direction is seen in fig. 4).
The recitation “for a vehicle propulsion battery cooling system” is considered to be a recitation with respect to the manner in which a claimed apparatus is intended to be used. It is noted that a recitation with respect to the manner in which a claimed apparatus is intended to be used does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations of the claimed, as is the case here. Refer to MPEP 2114 (II). In the instant case, the system disclosed by Krug, Jr. having the same structure claimed is capable of being used for a vehicle propulsion battery cooling system and, therefore, to cool a respective set of battery cells.
Regarding claim 17, Krug discloses:
the at least one first coolant inlet (the bottommost 502, seen in annotated fig. 5A-KRUG, page 3; and fig. 4, where the arrows ingressing receiving section of 320’ represent inlets 502 of fig. 5A) of the manifold (400) being located between the receiving section (of 320’) and the supply section (330’) (see annotated fig. 5A-KRUG, page 3, as it applies to fig. 4, where the arrows ingressing receiving section of 320’ represent inlets 502 of fig. 5A).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103:
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.
Claims 5-6 are rejected under 35 U.S.C. 103 as being unpatentable over Krug in view of Bahel et al. (US 7,908,126, herein “Bahel”).
Regarding claim 5, Krug discloses:
each of the receiving section (of 320’) and the supplying section (330’) being tubular (as seen in fig. 5A as rectangular tubular section [par. 0042, lines 5-8; par. 0050, lines 1-7], but does not disclose:
the manifold (400) comprising a u-shaped section between the receiving section (320’) and the supplying section (330’).
Bahel, directed to designing heat exchangers for cooling systems [abs. lines 1-4], teaches that the geometry of a heat exchanger is defined by variables including outside diameter of manifolds/headers, thickness of manifolds/headers, shape of manifolds/headers, tubing inputs like tube length, outside diameter, tube thickness, etc., [col. 14, lines 33-47] for the purpose of optimizing performance of the system.
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate into Krug the teachings of Bahel to have the manifold (400) comprising a u-shaped section between the receiving section (of 320’) and the supplying section (330’) as a matter of an obvious design choice according to the user’s needs in order to optimize performance of the system. Further, it has been held that changing the shape of an old device is a matter of design choice which involves only routine skill in the art. MPEP 2144.04, section IV, part A.
Regarding claim 6, Krug does not disclose:
a flow cross sectional area through the manifold is at least twice as large as a flow cross sectional area through each connection between the manifold and the at least two coolant circuits.
Bahel, directed to designing heat exchangers for cooling systems [abs. lines 1-4], teaches that the geometry of a heat exchanger is defined by variables including outside diameter of manifolds/headers, thickness of manifolds/headers, shape of manifolds/headers, tubing inputs like tube length, outside diameter, tube thickness, etc., [col. 14, lines 33-47] for the purpose of optimizing performance of the system.
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate into Krug the teachings of Bahel to have the header having a flow cross sectional area through the manifold being at least twice as large as a flow cross sectional area through each connection between the manifold and the at least two coolant circuits (tubing of Bahel) in order to optimize performance of the system.
Further, Applicant discloses that the flow cross sectional area (CA1) through the manifold (1) may be within the range of two to twenty times as large as a flow cross sectional area (CA2) through each one of the connections (r1-f7; s1-s7) between the manifold (1) and the at least two coolant circuits (c1, c2) and this range is recognized by the Examiner to be a very broad range, and a range that an ordinarily skilled artisan would have found obvious at the time before the effective filing date of the claimed invention. In this instance, the flow cross sectional area through the manifold and the flow cross sectional area through each connection between the manifold and the at least two coolant circuits are recognized as result-effective variables (geometry pf heat exchanger according to Bahel), i.e. variables which achieve a recognized result. In this case, the recognized result is that having the optimal combination of those variables, heat transfer is optimized.
Therefore, since the general conditions of the claim, i.e. that the geometry of a heat exchanger is defined by variables including outside diameter of manifolds/headers, thickness of manifolds/headers, shape of manifolds/headers, tubing inputs like tube length, outside diameter, tube thickness, etc., were disclosed in the prior art by the combination of Krug and Bahel, it is not inventive to discover the optimum workable range by routine experimentation.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Krug.
Regarding claim 8, Krug does not disclose:
the deairing section (321’) being arranged downstream of the supplying section (330’).
However, Krug’s deairing section (321’) is arranged above the supplying section (330’) relative to gravity (seen in fig. 5A) for the purpose of more effectively remove dissolved gases from the coolant. It would have been obvious to one of skill in the art, before the effective filing date of the claimed invention, to arrange the deairing section (321’) downstream and above of the supplying section (330’) relative to gravity so long as the supplying section (330’) is arranged on an inclined plane against gravity and downstream the receiving section (of 320’), according to the user’s mounting position needs, since the purpose of the deairing section (321’) is to facilitate gravity acting on the coolant while efficiently remove dissolved gases from the coolant.
Response to Arguments
The rejection of claims 2 and 4 under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, are withdrawn in light of the amendments.
Applicant's arguments with respect to amended claim 1 have been fully considered but they are not persuasive.
In pages 7-8, Applicant argues that “the Office refers to the inlets (502) in fig. 5A Krug to cover both the recited first inlet (13) and the second receiving sections (5) of the claimed invention, but the inlets (502) of Krug can only equate to the inlet of the receiving sections (5) connected to the coolant circuits (c1, c2, c3, c4, c5) and not also the first coolant inlet (13) connected to the temperature conditioning circuit” that “by looking at fig. 4 of Krug, the manifold of Krug only has one set of inlets at (320’) where the inlets (502) are located and one set of outlets at (330’) where the manifold connects via pipes (510) to pumps (335)” and that “there is no separate coolant inlet in the manifold of Krug to receive coolant from the temperature conditioning circuit (350).”
Examiner respectfully disagrees. First, it is noted that some features upon which applicant relies (i.e., separate coolant inlet) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). Second, although the grounds of rejection are maintained, the overly broad language of the newly amended limitations of claim 1 allows a broad interpretation of the claim which reference Krug reads on. Please refer to the rejection, above, for a detail explanation on how Krug structurally reads on amended claim 1.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GUSTAVO A HINCAPIE SERNA whose telephone number is (571)272-6018. The examiner can normally be reached 9am-5:30pm.
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/GUSTAVO A HINCAPIE SERNA/Examiner, Art Unit 3763
/JENNA M MARONEY/Primary Examiner, Art Unit 3763