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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Preliminary Amendments
This office action is responsive to the preliminary amendment filed on 12/20/2022. As directed by the amendment: claim(s) 1-11 has/have been amended, no claim(s) has/have been cancelled, and new claim(s) 12-20 has/have been added. Thus, claims 1-20 are presently pending in this application.
Claim Objections
Claim 12 is objected to because of the following informalities: In claim 12, sixth line from the bottom, the term “flowered” should be corrected to “flowed”. Appropriate correction is required.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
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.
Claim(s) 1-4, 12-18 and 20 is/are rejected under 35 U.S.C. 102a1 & 102a2 as being clearly anticipated by Banzhaf et al. (US 5,215,044 A).
Banzhaf ‘044 discloses:
(Currently Amended) A cooling system (see fig. 2) for a vehicle, comprising:
a cooling circuit (fig. 2, col. 5, lines 13-30) that can be flowed through by a coolant,
the cooling circuit comprises a first heat source (e.g., intermediate oil heat exchanger 43 shown in fig. 2. Note, oil cooler/heat exchanger 43 is disclosed to be similar to the oil cooler 4 in fig. 1) coolable at a lower temperature level, a first radiator (e.g., additional heat exchanger 44), a second heat source (e.g., internal combustion engine 1) coolable at a higher temperature level and a second radiator (e.g., heat exchanger 3),
a first partial circuit (47, 44, 48; fig. 2) of the cooling circuit is provided with the first heat source (43) and the first radiator 44 fluidically connected to one another and a second partial circuit (11, 3, 12; fig. 2) of the cooling circuit is provided with the second heat source (engine 1) and the second radiator (3) fluidically connected to one another,
wherein the first partial circuit (47, 44, 48; fig. 2) and the second partial circuit (11, 3, 12; fig. 2) can be completely or almost completely hydraulically separated from one another at times such that the first partial circuit (47, 44, 48; fig. 2) and the second partial circuit (11, 3, 12; fig. 2) are flowable through by a part of the coolant, and
wherein the first partial circuit (47, 44, 48; fig. 2) and the second partial circuit (11, 3, 12; fig. 2) can be completely or almost completely hydraulically connected to one another at times such that the first partial circuit (47, 44, 48; fig. 2) and the second partial circuit (11, 3, 12; fig. 2) are jointly flowable through by a common part of the coolant.
Note, with respect to the underlined portions above, Banzhaf explicitly teaches the following (see col. 5, lines 42-51):
“connecting lines 53 with shut-off valves 54 are provided. Owing to the arrangement of the valves 50 and 54, the coolant circuit between the heat exchangers 43 and 44 or 45 and 46 can be operated separately or be connected to the main cooling circuit of the internal-combustion engine 1. The control of the respective valves 50 and 54, and the setting of the capacity of the pumps 52 is therefore performed depending on the current temperature values measured by the temperature sensors 19, 36, 42 and 49.”.
2. (Currently Amended) The cooling system according to Claim 1, wherein the cooling circuit (fig. 2) comprises a first pump (coolant pump 52) and a second pump (water pump 13),
the first pump (52) and the second pump (13) can be regulated such that the first partial circuit (47, 44, 48; fig. 2) and the second partial circuit (11, 3, 12; fig. 2) can be hydraulically separated from one another completely or almost completely and can be hydraulically connected to one another completely or almost completely (Again, see the disclosure provided above for claim 1).
(Currently Amended) The cooling system according claim1, wherein:
the cooling circuit (fig. 2) comprises an advance shut-off valve (e.g., valve 50 between 44 and 52) and a return shut-off valve (e.g., shut-off valve 54), the advance shut-off valve (e.g., valve 50 between 44 and 52) and the return shut-off valve (e.g., shut-off valve 54) are connected between the first partial circuit (47, 44, 48; fig. 2) and the second partial circuit (11, 3, 12; fig. 2), and the first partial circuit (47, 44, 48; fig. 2) and the second partial circuit (11, 3, 12; fig. 2) can be hydraulically separated from one another by the advance shut-off valve and the return shut-off valve. Again, see col. 5, lines 42-51.
(Currently Amended) The cooling system according claim1, wherein at least one of:
the first partial circuit (47, 44, 48; fig. 2) comprises a warming-up bypass line 53 connected in parallel with the first radiator 44 for bypassing the first radiator 44 and a warming-up bypass valve 54, wherein the warming-up bypass line 53 is closed and opened via the warming-up bypass valve 54, and
the second partial circuit (11, 3, 12; fig. 2) comprises a radiator bypass line 15 connected in parallel with the second radiator 3 for bypassing the second radiator 3 and a radiator bypass valve 16, wherein the radiator bypass line 15 is closed and opened via the radiator bypass valve 16.
20. (New) The cooling system according to Claim 4, wherein the warming-up bypass valve 54 comprises a switching valve, a regulating valve, or a thermostat valve (fig. 2; col. 5, lines 42-51).
12. (New) A vehicle, comprising: a cooling system, the cooling system including: a cooling circuit (fig. 2, col. 5, lines 13-30) that is flowed through by a coolant; the cooling circuit including a first heat source (43) coolable at a lower temperature level, a first radiator 44, a second heat source (engine 1) coolable at a higher temperature level, and a second radiator (3); the first heat source (43) and the first radiator 44 being fluidically connected to one another in a first partial circuit (47, 44, 48; fig. 2) of the cooling circuit; the second heat source (engine 1) and the second radiator (3) being fluidically connected to one another in a second partial circuit (11, 3, 12; fig. 2) of the cooling circuit;
wherein the first partial circuit (47, 44, 48; fig. 2) and the second partial circuit (11, 3, 12; fig. 2) are completely or almost completely hydraulically separated from one another in a braking mode such that the first partial circuit is flowed through by a first part of the coolant and the second partial circuit is flowed through by a second part of the coolant; and
wherein the first partial circuit (47, 44, 48; fig. 2) and the second partial circuit (11, 3, 12; fig. 2) are completely or almost completely hydraulically connected to one another in a normal operating mode such that the first partial circuit and the second partial circuit are jointly flowed through by a common part of the coolant.
Note that in claim 12, the limitations “in a braking mode such that the first partial circuit is flowed through by a first part of the coolant and the second partial circuit is flowed through by a second part of the coolant” and “in a normal operating mode such that the first partial circuit and the second partial circuit are jointly flowed through by a common part of the coolant” are intended use recitations. A recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. In a claim drawn to process of making, the intended use must result in a manipulative difference as compared to the prior art. See In re Casey, 152 USPQ 235 (CCPA 1967) and In re Otto, 136 USPQ 458,459 (CCCPA 1963).
13. (New) The vehicle according to Claim 12, wherein the cooling circuit further includes a first pump 52 (fig. 2) and a second pump 13; the first pump 52 being directly connected
Re claims 14-15, the limitations “wherein in the braking mode the first pump and the second pump are switched on” and “wherein the normal operating mode the first pump is switched on and the second pump is switched off” are intended use recitations. A recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. In a claim drawn to process of making, the intended use must result in a manipulative difference as compared to the prior art. See In re Casey, 152 USPQ 235 (CCPA 1967) and In re Otto, 136 USPQ 458,459 (CCCPA 1963).
16. (New) The vehicle according to Claim 12, the cooling circuit (fig. 2) comprises an advance shut-off valve (e.g., valve 50 between 44 and 52) and a return shut-off valve (e.g., shut-off valve 54), the advance shut-off valve (e.g., valve 50 between 44 and 52) and the return shut-off valve (e.g., shut-off valve 54) being connected between the first partial circuit (47, 44, 48; fig. 2) and the second partial circuit (11, 3, 12; fig. 2), and wherein first partial circuit (47, 44, 48; fig. 2) and the second partial circuit (11, 3, 12; fig. 2) are hydraulically separated from one another by the advance shut-off valve and the return shut-off valve. Again, see col. 5, lines 42-51.
17. (New) The vehicle according to Claim 12, wherein the first partial circuit (47, 44, 48; fig. 2) comprises a warming-up bypass line 53 connected in parallel with the first radiator 44 for bypassing the first radiator 44 and a warming-up bypass valve 54, wherein the warming-up bypass line 53 is closed and opened via the warming-up bypass valve 54.
18. (New) The vehicle according to Claim 12, wherein the second partial circuit (11, 3, 12; fig. 2) comprises a radiator bypass line 15 connected in parallel with the second radiator (3) for bypassing the second radiator (3) and a radiator bypass valve 16, wherein the radiator bypass line 15 is closed and opened via the radiator bypass valve 16.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 5, 7 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Banzhaf ‘044 in view of HAASE (WO 2008043425 A1).
Re claims 5 and 19, Banzhaf ‘044 teaches the invention as essentially claimed; however, Banzhaf ‘044 fails to teach the cooling system further comprising a non-return valve directly connected downstream or upstream of the second heat source or of a pump that is directly connected downstream or upstream of the second heat source.
However, the patent application to HAASE ‘425 teaches a very similar cooling circuit for a vehicle system, wherein the cooling circuit (see fig. 1) further comprising a non-return valve (i.e., a counter to flow direction 23 of pump 11 to radiator 7 blocking check valve; not shown in figure 1, but disclosed) directly connected downstream or upstream of the second heat source (engine 2) or of a pump 11 that is directly connected downstream or upstream of the second heat source 2. HAASE ‘425 further discloses that the check valve would prevent large fluctuations in pressure in the cooling circuit (see Abstract).
In view of this teaching, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the cooling system of Banzhaf ‘044, such that the cooling system further comprising a non-return valve directly connected downstream or upstream of the second heat source or of a pump that is directly connected downstream or upstream of the second heat source, as clearly suggested and taught by HAASE ‘425, in order to prevent large fluctuations in pressure in the cooling circuit (see Abstract).
Re claim 7, the claim(s) is/are commensurate in scope with claim(s) 1, and is/are rejected for the same reasons as set forth above. However, with respect to the method step of operating the cooling system in a braking mode, in a normal operating mode and in a warming mode, Banzhaf ‘044 does teach at least two operating modes, which include a normal operating mode and a warming-up mode (see specifically col. 1, line 67 thru col. 2, line 12).
However, Banzhaf ‘044 fails to teach, either explicitly or implicitly, operating the cooling system in a braking mode.
However, the patent application to HAASE ‘425 further teaches operating the cooling system in a braking mode. Specifically, HAASE ‘425 teaches the following: “In a particularly advantageous manner, pressure peaks can be prevented in the cooling circuit, since the flow of cooling liquid to two partial flows differ Resistance is divisible. The division of the line, in which this division takes place, can in a particularly advantageous embodiment in braking operation of the retarder with high performance promoted coolant - sucked back from the retarder - back to the retarder.”.
Thus it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the method of operating the cooling system of Banzhaf ‘044, such that the method further includes operating the cooling system in a braking mode, as clearly suggested and taught by HAASE ‘425, in order to prevent pressure peaks in the cooling circuit wherein the pressure loss at the internal combustion engine is set to a nearly constant value.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Banzhaf ‘044 in view of HALL (DE 102019008255 A1).
Re claim 6, Banzhaf ‘044 teaches the invention as essentially claimed; however, Banzhaf ‘044 fails to teach wherein at least one of: the first radiator with respect to an airflow direction is connected upstream of the second radiator, and the first radiator and the second radiator partially or completely overlap one another with respect to an airflow direction.
However, the patent application to HALL ‘255 teaches a very similar cooling circuit for a vehicle system wherein at least one of: the first radiator (70, 70’; see fig. 2 & 4) with respect to an airflow direction is connected upstream of the second radiator (46), and the first radiator 70, 70’ and the second radiator 46 partially or completely overlap one another with respect to an airflow direction (see figure 4 in view of fig. 2). HALL ‘255 further explicitly teaches in ADVANTAGE the following: “The first radiator and the second radiator arrangement can also be designed together in terms of size and capacity to be smaller than otherwise be necessary in order to achieve sufficient cooling for the first and second vehicle systems with their respective maximum heat generation.”.
In view of this teaching, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the cooling system of Banzhaf ‘044, wherein at least one of: the first radiator with respect to an airflow direction is connected upstream of the second radiator, and the first radiator and the second radiator partially or completely overlap one another with respect to an airflow direction, as clearly suggested and taught by HALL ‘255, in order to provide a radiator arrangement that can be designed together to be more compact and more efficient in heat rejection (see ADVANTAGE).
Allowable Subject Matter
Claims 8-11 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
The prior arts cited teach very similar cooling systems that also include valves and pumps for cooling retarders and fuel cell.
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HUNG Q. NGUYEN
Primary Examiner
Art Unit 3747
/HUNG Q NGUYEN/Primary Examiner, Art Unit 3747