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 Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“heating device for heating heat transfer medium” (claim 1, line 4) as disclosed in paragraph 7 of the specification.
“cooling device for cooling the heat transfer” (claim 1, line 6) as disclosed in paragraph 7 of the specification.
“passenger compartment heating device for heating a passenger compartment” (claim 1, line 8) as disclosed in paragraph 16 of the specification.
“passenger compartment cooling device for cooling the passenger compartment” (claim 1, line 11) as disclosed in paragraph 16 of the specification.
“a mixing device in selective fluid communication with the first partial circuit and the second partial circuit” (claim 1, line 18) as disclosed in paragraph 19 of the specification.
“valve member is adjustable, between the at least one first switching position, the at least one second switching position, and the one or more intermediate positions” (claim 9, lines 17-19) as disclosed in paragraph 33 of the specification.
“the switching device is switched selectively to one of the at least one first operating state or the at least one second operating state” (claim 14, lines 13-14) as disclosed in paragraph 58 of the specification.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding claim 1, the following recitations do not appear to be fully supported by and consistent with the specification:
“at least one first operating state, and during the first operating state, a first fraction of heat transfer medium flowing in from the first partial circuit is directed into the second partial circuit” (lines 21-23)
“at least one second operating state, and during the second operating state, a second fraction of heat transfer medium, which differs from the first fraction of heat transfer medium, flowing in from the first partial circuit is directed into the second partial circuit, and the second fraction of heat transfer medium flowing in from the second partial circuit is returned into the first partial circuit” (lines 24-29)
“at least one third operating state, and during the third operating state, a third fraction of heat transfer medium, which differs from the first fraction of heat transfer medium and the second fraction of heat transfer medium, flowing in from the first partial circuit is directed into the second partial circuit, and the third fraction of heat transfer medium flowing in from the second partial circuit is returned into the first partial circuit” (lines 30-35).
The aforementioned recitations appear to imply that the first and second partial circuits are fluidically connected to each other by the mixing device.
However, the instant specification discloses that the first partial circuit is a vapor compression circuit including at least a compressor 101 (Paragraph 60) and the second partial circuit is a liquid cooling circuit including at least a battery 202 (Paragraph 62). The specification also appears to disclose a third partial circuit that is a liquid cooling circuit including at least a motor 301 (Paragraph 63). While the instant specification discloses that the mixing device is a valve (400) that fluidically connects the first and second partial circuits (Paragraph 64), it appears that the mixing device fluidically connects the second partial circuit to “another liquid cooling circuit” that includes at least an engine 115 instead of the first partial circuit (i.e the vapor compression circuit).
The specification further discloses that the “heating device for heating heat transfer medium” (claim 1, line 4) is an engine (Paragraph 50), the “cooling device for cooling the heat transfer medium” (claim 1, line 6) is disclosed without corresponding structure (Paragraphs 7 and 14) but may correspond to heat exchangers 116 or 102 or 104, the “passenger compartment heating device for heating a passenger compartment” (claim 1, line 8) is disclosed (Paragraph 14) and appears to correspond to heat exchanger 118 which is part of the another liquid cooling circuit (Figure 1), and the “passenger compartment cooling device for cooling a passenger compartment” (claim 1, line 8) is disclosed (Paragraph 14) and appears to correspond to heat exchanger 108 which is part of the first partial circuit (i.e. the vapor compression circuit) (Figure 1).
Since the “passenger compartment heating device” and the “passenger compartment cooling device” appear to be part of separate and distinct circuits and since it is unclear what is comprised by the “cooling device for cooling the heat transfer medium”, it is unclear if the first partial circuit is the vapor compression circuit, “the another liquid cooling circuit”, or some combination thereof.
As best understood by applicants claims in view of the specification, it is assumed that the first partial circuit includes a “vapor compression circuit” and a fluidically separate and distinct “another liquid cooling circuit”.
Regarding claims 2-13, the claims are rejected for similar reasons concerning fluidic connection between the first and second partial circuits as discussed in claim 1 above.
Claims 14-20 are rejected as depending from a rejected claim.
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 1-20 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.
Regarding claim 1, the recitation “the heat transfer medium flowing through the second partial circuit” (line 16) lacks antecedent basis.
Further regarding claim 1, the following recitations render the claim indefinite:
“during the first operating state, a first fraction of heat transfer medium flowing in from the first partial circuit is directed into the second partial circuit” (lines 21-23),
“during the second operating state, a second fraction of heat transfer medium, which differs from the first fraction of heat transfer medium, flowing in from the first partial circuit is directed into the second partial circuit, and the second fraction of heat transfer medium flowing in from the second partial circuit is returned into the first partial circuit” (lines 24-29),
“during the third operating state, a third fraction of heat transfer medium, which differs from the first fraction of heat transfer medium and the second fraction of heat transfer medium, flowing in from the first partial circuit is directed into the second partial circuit, and the third fraction of heat transfer medium flowing in from the second partial circuit is returned into the first partial circuit” (lines 30-35).
Since each of the aforementioned recitations recite that “a fraction of heat transfer medium flowing in from the first partial circuit is directed into the second partial circuit” and that “the second fraction of heat transfer medium flowing in from the second partial circuit is returned into the first partial circuit” it is unclear how and in what manner the first, second, and third operating states differ from each other.
Regarding claim 2, the recitation “a third fraction” (lines 5-6) renders the claim indefinite as the claims previously set forth “a third fraction” (claim 1, line 31). It is unclear how many third fractions are being claimed and how the various third fractions differ from each other, the first fraction, and the second fraction.
Regarding claim 8, the recitation “the mixing device further comprising: at least one first multi-way valve; and at least one second multi-way valve; wherein at least one second multi-way valve is parallel to the first multi-way valve and/or synchronized with the first multi-way valve” (lines 1-6) renders the claim indefinite. Since the claims previously set forth that the mixing device has first, second, and third operating states (claim 1, lines 36-38) it is unclear how the second multi-way valve is connected to the partial circuits and how the valves are synchronized (i.e. if the first and second multi-way valves have the same or different operating states).
Regarding claim 14, the recitations “first operating state” (line 8) and “second operating state” (line 10) render the claim indefinite since the claims previously set forth first and second operating states (claim 1, lines 20-38).
Further regarding claim 14, the recitations “first fraction” (line 8) and “second fraction” (line 10) render the claim indefinite since the claims previously set forth first and second fractions (claim 1, lines 20-38).
Further regarding claim 14, the following recitations render the claim indefinite:
“at least one first operating state for directing a first fraction of heat transfer medium flowing in from the second partial circuit into the third partial circuit” (lines 8-9),
“at least one second operating state for directing a second fraction of heat transfer medium, which differs from the first fraction of heat transfer medium, flowing in from the second partial circuit into the third partial circuit” (lines 10-13).
Since each of the aforementioned recitations recite that “a fraction of heat transfer medium flowing in from the second partial circuit is directed into the third partial circuit” and that” it is unclear how and in what manner the first, second, and third operating states differ from each other.
Further regarding claim 14, the recitation “heat transfer medium flowing through the third partial circuit” (line 4-5) renders the claim indefinite as the claims previously set forth “heat transfer medium” (claim 1, line 4).
Regarding claim 15, the recitation “third operating state” (line 2) renders the claim indefinite since the claims previously set a third operating state (claim 1, lines 20-38).
Further regarding claim 15, the recitation “third fraction” (line 3) renders the claim indefinite since the claims previously set forth first and second fractions (claim 1, lines 20-38).
Further regarding claim 15, the recitation “third operating state for directing in each case a third fraction of heat transfer medium, which differs from the first fraction of heat transfer medium, the second fraction of heat transfer medium, and from the third fraction of heat transfer medium of the other intermediate positions, flowing in from the second partial circuit into the third partial circuit or is adjusted continuously between at least two of the various intermediate positions” (lines 1-7) renders the claim indefinite. Since each of the aforementioned recitations in claims 15 and 16 recite that “a fraction of heat transfer medium flowing in from the second partial circuit is directed into the third partial circuit” and that” it is unclear how and in what manner the first, second, and third operating states differ from each other.
Regarding claim 16, the recitation “a third fraction” (lines 5-6) renders the claim indefinite as the claims previously set forth “a third fraction” (claim 1, line 31). It is unclear how many third fractions are being claimed and how the various third fractions differ from each other, the first fraction, and the second fraction.
Claims 3-7, 9-13, and 17-20 are rejected as depending from a rejected claim.
Allowable Subject Matter
Claim 1 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.
The following is a statement of reasons for the indication of allowable subject matter:
The closest art of record (Kim et al. US 2019/0145675) discloses a heat transfer medium circuit for a motor vehicle, the heat transfer medium circuit comprising:
A first partial circuit (Figure 2: Defined by 11 and 41) including:
At least one heating device (Paragraph 95: Condensers 42, 43) for heating heat transfer medium flowing through the first partial circuit (Figure 1)
At least one cooling device (Paragraph 99: Evaporator 14) for cooling the heat transfer medium flowing through the first partial circuit (Figure 1)
At least one passenger compartment heating device (64) for heating a passenger compartment by the heat transfer medium flowing through the first partial circuit (Paragraph 85)
At least one passenger compartment cooling device (54) for cooling the passenger compartment by the heat transfer medium flowing through the first partial circuit (Paragraph 86)
A second partial circuit (Figure 1: Defined by circuit 21) including:
At least one electric energy store (Paragraph 87: Battery “B”) which is heated or cooled by the heat transfer medium flowing through the second partial circuit (Paragraph 87), for supplying at least one electric motor for driving the motor vehicle (Paragraph 41),
A mixing device (V3) in selective fluid communication with the first partial circuit and the second partial circuit (Figures 2-8: Circuit 11 of the first partial circuit is in communication with the second partial circuit 21).
While Kim et al. discloses a plurality of operating states in which a heat transfer medium circulates between the first partial circuit and the second partial circuit (Figures 2-5), Kim et al does not teach or disclose the mixing valve as configured to provide communication between a first partial circuit having a liquid cooling circuit and a second partial circuit such that a first fraction in a first state, a second fraction in a second state, and a third fraction in a third state are different from each other as claimed.
The art of record (Boger et al. US 2019/0375270) also discloses a heat transfer medium circuit for a motor vehicle, the heat transfer medium circuit comprising:
A first partial circuit (Figure 2: Defined by circuits 7 and 9) including:
At least one heating device (Paragraph 79: Drive 3, 4) for heating heat transfer medium flowing through the first partial circuit (Figure 2)
At least one cooling device (Paragraph 79: Evaporator 14) for cooling the heat transfer medium flowing through the first partial circuit (Figure 2)
At least one passenger compartment heating device (20) for heating a passenger compartment by the heat transfer medium flowing through the first partial circuit (Paragraph 106)
At least one passenger compartment cooling device (15) for cooling the passenger compartment by the heat transfer medium flowing through the first partial circuit (Paragraph 106)
A second partial circuit (Figure 2: Defined by circuit 10) including:
At least one electric energy store (Paragraph 79: Battery 5, 6), which is heated or cooled by the heat transfer medium flowing through the second partial circuit (Paragraph 91), for supplying at least one electric motor for driving the motor vehicle (Paragraph 7),
A mixing device (46, 51) in selective fluid communication with the first partial circuit and the second partial circuit (Figure 2: Circuit 9 of the first partial circuit is in communication with the second partial circuit).
While Boger et al. discloses a plurality of operating states (Figures 2-5), Boger et al does not teach or disclose the mixing valve as configured to provide communication between a first partial circuit having a liquid cooling circuit and a second partial circuit in first, second, and third differing fractions as claimed.
While the additional prior art made of record and not relied upon disclose a variety of heat transfer medium circuits for motor vehicles, the additional prior does not teach or disclose a heat transfer medium circuit for a motor vehicle comprising first and second partial circuits are a fluidically connected to each other by a mixing valve configured to direct heat transfer fluid in accordance with first, second, and third differing fractions as claimed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
US 2019/0375270 discloses a heat transfer medium circuit for a motor vehicle.
US 2016/0107506 discloses a vehicle cooling system.
US 2015/0266392 discloses a vehicle cooling system.
US 2024/0092145 discloses a vehicle cooling system.
US 2017/0106725 discloses a vehicle cooling system.
US 2012/0247716 discloses a vehicle cooling system.
US 2011/0296855 discloses a vehicle cooling system.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON N THOMPSON whose telephone number is (571)272-6391. The examiner can normally be reached Mon - Friday 8:30 am -5:00 pm.
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, Frantz Jules can be reached on 571-272-6681. 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.
/JASON N THOMPSON/Examiner, Art Unit 3763 /FRANTZ F JULES/Supervisory Patent Examiner, Art Unit 3763