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
Acknowledgment is made of applicant's claim for Domestic priority based on provisional application 63/355,224 filed on 06/24/2022 and 63/355,224 application filed on 06/24/2023.
Status
This Office Action is in response to the remarks and amendments filed on 09/25/2025.
Claims 1-17 and 19-20 are pending for consideration in this Office Action.
This Office Action contains a New Grounds of Rejection. Since this new grounds of rejection did not result from an amendment to the claims, this Office Action is being made non-final to afford the applicant the opportunity to respond to the new grounds of rejection.
Further recognition:
The objections to the claims are withdrawn in in light of the amendments.
The objections to the abstract have been withdrawn in in light of the amendments.
The rejections pursuant to 112(b) are withdrawn in light of the amendments.
Claim Objections
Claims 1-17 are objected to because of the following informalities:
Regarding claim 1, the claim recites “… the flow of coolant through one of the following paths.”
The claim should be amended to recite - - a flow of the coolant through one of the following paths- - for clarity.
Regarding claim 1, the claim recites “…coolant is pumped.”
The claim should be amended to recite - - the coolant is pumped - - for clarity.
Regarding claim 16, the claim recites “wherein coolant is”
The claim should be amended to recite - - wherein the coolant is - - for clarity. This is throughout the claims.
Regarding claim 17, the claim recites “… pumping coolant through an external radiator.”
The claim should be amended to recite - - pumping the coolant through an external radiator - - for the first reference of the second position, for clarity.
Regarding claim 17, the claim recites “… a first valve and a second valve.”
The claim should be amended to recite - - the first valve and the second valve - -for clarity.
Regarding claim 17, the claim recites “… an external radiator channel, a chiller channel, a power source channel, and a drive unit channel.”
The claim should be amended to recite - - the external radiator channel, the chiller channel, the power source channel, and the drive unit channel - -for clarity.
Regarding claim 17, the claim recites “… a refrigeration loop.”
The claim should be amended to recite - - the refrigeration loop - -for clarity.
Regarding claim 17, the claim recites “… an evaporator to a condenser.”
The claim should be amended to recite - - the evaporator to the condenser - - for clarity.
Claims 2-15 are objected to because of dependency from an objected to claim.
Appropriate correction is required.
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:
Regarding claim 1, 3, 13, 17 and 19, the recitation of claim limitation “a drive unit”.
Regarding claim 1, 3, 13, 17 and 19, the recitation of claim limitation “a drive unit channel”.
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.
A review of the specification shows that the following appears to be the corresponding structure described in the specification for the 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph limitation:
A drive unit is described as at least “The drive unit may be a permanent magnet brushless DC motor, an induction motor, a switched reluctance motor, a permanent reluctance motor, an axial flux motor, any other motor which converts electrical power into mechanical rotation or any combination thereof. The drive unit may be referred to as a rear drive unit (RDU)” in para. 0066 of the specification.
A drive unit is described as at least “the drive unit channel includes a drive unit, the condenser, electric coolant heater, an expansion tank, the one or more hydraulic pumps, or any combination thereof” in para. 0009 of the specification.
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 § 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.
Claim(s) 1-5, 8-9, 11, 13-16 and 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim (US2022/0001717A1) in view of Schoeneman et al. (US2021/0080027A1) and further in view of Bilancia et al. (US2018/0371982A1).
Regarding Claim 1, Kim teaches a thermal management system [0002] and Kim teaches comprising:
a) a refrigeration loop [51 & 61; Fig. 1] which includes:
i. a compressor [59; fig. 1],
ii. a condenser [53; fig. 1],
iii. an expansion valve [63; fig. 1], and
iv. an evaporator [30; fig. 1];
b) a first valve [v2; fig. 1];
c) a second valve [v1; fig. 1];
d) a coolant [abstract]; and
f) coolant passages including [ at least 11 & 21; fig.1]:
i. an external radiator channel [where the channel includes at least radiator (12); fig.1 where one of ordinary skill in the art would recognize that an external radiator is part of an external radiator channel],
ii. a chiller channel [at least 30; fig. 1 where one of ordinary skill in the art would recognize that a chiller is part of a chiller channel],
iii. a power source channel [at least line 21 consisting of at least the battery module 24; fig. 1], and
iv. a drive unit channel [at least 11 consisting of at least the electrical component 15; fig. 1];
wherein each coolant passage is in fluid communication with the first valve [V2] at one end of the coolant passage [at least figs. 2-4] and in fluid communication with the second valve at an opposite end of the coolant passage [at least fig. 3];
wherein the first valve [v2] and the second valve [v1] direct the flow of coolant through the paths based on a control signal [0147-0156; see also 0389-0393].
Kim does not explicitly teach e) one or more hydraulic pumps or
a series cooling path wherein coolant is pumped through a closed loop consisting sequentially of the external radiator channel through the chiller channel, the power source channel, and the drive unit channel; a series heating
path wherein the coolant is pumped through a closed loop consisting sequentially of the external radiator channel through the drive unit channel, the power source channel, and
the chiller channel; a parallel cooling path wherein the coolant is pumped in one closed loop consisting sequentially of the external radiator channel to the drive unit
channel, and, in parallel, coolant is pumped in another closed loop consisting sequentially of the chiller channel to the power source channel; or a parallel heating path wherein the coolant is pumped in one closed loop consisting sequentially of the external radiator channel to the chiller channel, and, in parallel, coolant is pumped in another closed loop consisting sequentially of the power source channel to the drive unit channel.
However, Bilancia teaches a thermal management system [title] and Bilancia teaches one or more hydraulic pumps [232; 0028].
it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the system of Kim, as modified, to have one or more hydraulic pumps in view of the teachings of Bilancia a Simple substitution of Bilancia’s hydraulic pump for Kim’s water pumps would give the system the necessary one or more hydraulic pumps. The simple substitution of one known element for another is likely to be obvious when predictable results are yielded i.e. secures a thermal management system that uses hydraulic pumps which allows for a varied displacement type [ 0028 “hydraulic pump 232, which may be of the fixed, positive or variable displacement type”].
However, Schoeneman teaches a series cooling path [at least valve state 5 figs. 4-5 and 10] wherein coolant is pumped through a closed loop [fig. 5] consisting sequentially of the external radiator channel [62 corresponding to channel with at least (12) on it of Kim] through the chiller channel [part of 68 where (84) is corresponding to at least the channel with (38) of Kim], the power source channel [remaining part of 68 with (82) corresponding to at least the channel with (21) of Kim], and the drive unit channel [64 corresponding to at least the channel with (11) of Kim; valve state 5; fig. 10; 0068; see also valve state 4; fig. 9; 0067].
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Kim to have a series cooling path wherein coolant is pumped through a closed loop consisting sequentially of the external radiator channel through the chiller channel, the power source channel, and the drive unit channel in view of the teachings of Schoeneman where the elements could have been combined by known methods with no change in their respective functions, and the combination would have yielded predictable results i.e. secures a thermal management system with a series cooling path wherein coolant is pumped through a closed loop consisting sequentially of the external radiator channel through the chiller channel, the power source channel, and the drive unit channel which causes substantial thermal efficiencies are gained [Schoeneman; 0074-0075].
Regarding Claim 2, Kim, as modified teaches the thermal management system of Claim 1 and Kim teaches wherein the external radiator channel [fig. 1] includes a radiator [12] outside of a cabin of the vehicle [0072 “disposed in the front of the vehicle”], radiator fans [13], an expansion tank [16], a power converter [15; fig. 2], or any combination thereof.
Regarding Claim 3, Kim, as modified teaches the thermal management system of Claim 1 and Kim teaches wherein the drive unit channel [at least 11] includes a drive unit [15; 0073], the condenser [53; fig. 1], an electric coolant heater [0110; 45], an expansion tank [16], or any combination thereof.
Regarding Claim 4, Kim, as modified teaches the thermal management system of Claim 1 and Kim teaches wherein the power source channel [at least parts of 21] includes a battery [24; 0133], a power converter [15; 0075], a secondary cabin heat exchanger [56; 0115], or any combination thereof.
Regarding Claim 5, Kim, as modified teaches the thermal management system of Claim 1 and Kim teaches wherein the chiller channel [at least 38] includes the evaporator [30; fig. 8], a cabin heat exchanger [43; 0230], or any combination thereof.
Regarding Claim 8, Kim, as modified teaches the thermal management system of Claim 1 and Schoeneman teaches wherein the thermal management system [54] includes an ambient temperature sensor, a cabin temperature sensor, a battery temperature sensor, one or more coolant temperature sensors, or any combination thereof [92; 0062 “temperature sensors”].
Regarding Claim 9, Kim, as modified teaches the thermal management system of Claim 8 and Schoeneman teaches wherein the series cooling path [valve state 5] is used when the ambient temperature is low [valve state 5; fig. 10; 0068; see also valve state 4; fig. 9; 0067 where in the range of temperatures is -20 degrees Celsius or a low ambient temperature].
Regarding Claim 11, Kim, as modified teaches the thermal management system of Claim 8 and Schoeneman teaches wherein the parallel cooling path [valve state 9] is used when the ambient temperature is high [0072 where 25-30 degrees Celsius is a high ambient temperature].
Regarding Claim 13, Kim, as modified teaches the thermal management system of Claim 1 and Kim teaches wherein the condenser [53] is a liquid cooled condenser [0122-0123 “water-cooled heat exchanger”] and the condenser adds heat to the coolant in the drive unit channel [0226-0228 “increase the temperature of the coolant”].
Regarding Claim 14, Kim, as modified teaches the thermal management system of Claim 1and Kim teaches wherein the evaporator [30] is a liquid heated evaporator [0068 “refrigerant and a coolant are heat exchanged”] and the evaporator removes heat from the coolant in the chiller channel [0135 “reduce the temperature of the coolant”].
Regarding Claim 15, Kim, as modified teaches the thermal management system of Claim 8 and Kim teaches wherein the control signal [0389-0390 “controlling operation of various components”] determines the first valve [V2] position and the second valve [V1] position [0271 “operation of the first and second valves”] based on a battery temperature [0267-0271 “raise the temperature of the battery module”].
Regarding Claim 16, Kim, as modified teaches the thermal management system of Claim and Kim teaches wherein coolant [abstract] is optionally routed through an external radiator [12; fig. 3], a battery [24; fig.3], a cabin heat exchanger [56; fig.3], a secondary cabin heat exchanger [43; fig. 3], or any combination thereof.
Claim(s) 6-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim (US2022/0001717A1), Schoeneman et al. (US2021/0080027A1), Bilancia et al. (US2018/0371982A1) and in view of Wong (US2019/0136724A1).
Regarding Claim 6, Kim, as modified teaches the thermal management system of Claim 1 and Kim teaches wherein the first valve [v2], the second valve [v1], or both.
Kim, as modified, does not explicitly teach hydraulic 4-way valve.However, Wong teaches a hydraulic 4-way valve [title].
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Kim as modified to have a hydraulic 4-way valve in view of the teachings of Wong where the elements could have been combined by known methods with no change in their respective functions, and the combination would have yielded predictable results i.e. secures a thermal management system with at least one hydraulic 4-way valve [Wong; 0062].
Regarding Claim 7, Kim, as modified teaches the thermal management system of Claim 6, and Kim teaches wherein the hydraulic 4-way valves [where Wong teaches the hydraulic 4-way valves and Kim provides the location of said valves as (V1 and V2)] allow for pressure to be released from a first parallel loop to a second parallel loop [where it would be obvious to someone of ordinary skill in the art that a pressure release from a first parallel loop to a second parallel loop would occur in Kim When the system goes from a higher pressure to a lower or expansive pressure].
Claims 17 is rejected under 35 U.S.C. 103 as being unpatentable over Kim (US2022/0001717A1), Schoeneman et al. (US2021/0080027A1), Bilancia et al. (US2018/0371982A1) as applied to claim 1 above, and further in view of Harper et al. (US2020/0376920A1).
Regarding Claim 17, Kim, as modified teaches the thermal management system of Claim 1 and Kim teaches the first valve [v2], the second valve [v1] the one or more hydraulic pumps [Bilancia; 232], the external radiator channel [12], the chiller channel [30], the power source channel [24], and the drive unit channel [15], the refrigeration loop [51 & 61], the evaporator [30] and the condenser [53]
Modified Kim does not explicitly teach a thermal management process comprising the steps of:
a) detecting, a battery temperature, or any combination thereof through a battery temperature sensor or any combination thereof;
b) determining whether a battery needs to be heated or cooled based on a difference between the battery temperature and a battery operating temperature range;
c) determining whether a cabin needs to be heated or cooled based on a difference between the cabin temperature and a cabin temperature setting;
d) adjusting the first valve and the second valve based on the difference between the battery temperature and a battery operating temperature range, or any combination thereof;
e) one or more pumps pumping coolant through the external radiator channel, the chiller channel, the power source channel, and the drive unit channel; and
f) the refrigeration loop operating to pump heat from the evaporator to the condenser.
However, Harper teaches a thermal management process [abstract] comprising the steps of:
a) detecting, a battery temperature [0034], or any combination thereof through a battery temperature sensor [13; 0034] or any combination thereof;
b) determining whether a battery [14] needs to be heated [0043] or cooled [0038] based on a difference between the battery temperature and a battery operating temperature range [0034; see also 0039];
c) determining whether a cabin needs to be heated [0040] or cooled [0030] based on a difference between the cabin temperature and a cabin temperature setting [0030; see also 0040];
d) adjusting the first valve [32 corresponding to v2 of Kim] and the second valve [34 corresponding to v1 of Kim] based on the difference between the battery temperature and a battery operating temperature range [0034], or any combination thereof;
e) one or more pumps [62A/B corresponding to 232 of Bilancia] pumping coolant through the external radiator channel [a channel that contains at least 40 corresponding to 12 of Kim], the chiller channel [a channel that contains at least 38 corresponding to 30 of Kim], the power source channel [a channel that contains at least 14 corresponding to 24 of Kim], and the drive unit channel [a channel that contains at least 30; 0029; see also 0027 where temperature sensor (31) attached to (30) mentions sensing load on an electric motor corresponding to 15 of Kim]; and
f) the refrigeration loop [fig. 2 corresponding to 51 & 61] operating to pump heat from the evaporator [0026 corresponding to 30 of Kim] to the condenser [0030; fig. 2 also 0026 corresponding to 53 of Kim].
Allowable Subject Matter
Claims 10 and 12 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.
Claims 19-20 are allowed.
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
Reasons for Allowance
Claim 10, 12 and 19-20 is cited as containing allowable subject matter.
The following is an examiner’s statement of reasons for allowance:
Regarding Claim 10, the subject matter which is considered to distinguish from the closest prior art of record, Kim (US2022/0001717A1) in view of Schoeneman et al. (US2021/0080027A1) and further in view of Bilancia et al. (US2018/0371982A1).
The prior art of record teaches the battery, the cabin, or both require heat in contrast to the claimed features of wherein the series heating path is used when the battery, the cabin, or both require heat but the ambient temperature is too low to act as a supplementary energy source.
Regarding Claim 12, the subject matter which is considered to distinguish from the closest prior art of record, Kim (US2022/0001717A1) in view of Schoeneman et al. (US2021/0080027A1) and further in view of Bilancia et al. (US2018/0371982A1).
The prior art of record teaches the battery, the cabin, or both require heating in contrast to the claimed features of wherein the parallel heating path is used when the ambient temperature is low and the battery, the cabin, or both require heating, but the ambient temperature is sufficiently high to run the refrigeration loop.
As per independent Claim 19, the subject matter which is considered to distinguish from the closest prior art of record, Kim (US2022/0001717A1) and Schoeneman et al. (US2021/0080027A1).
The prior art of record teaches A thermal management system comprising: a) a refrigeration loop which includes:
i. a compressor, ii. a condenser, iii. an expansion valve, and iv. an evaporator; b) a first valve;
c) a second valve; d) a coolant; e) one or more hydraulic pumps; and f) coolant passages including:
i. an external radiator channel, ii. a chiller channel, iii. a power source channel, and iv. a drive unit channel;
wherein each coolant passage is in fluid communication with the first valve at one end of the coolant passage and in fluid communication with the second valve at an opposite end of the coolant passage;
wherein the thermal management system includes an ambient temperature sensor, a cabin temperature sensor, a battery temperature sensor, one or more coolant temperature sensors, or any combination thereof in contrast to the claimed features of wherein the refrigeration loop only operates when the ambient temperature is above a predetermined threshold; and
wherein the first valve and the second valve positions are determined based on the following:
the first valve is in a first position and the second valve is in the first position when the ambient temperature is low and the cabin, the battery, or both need cooling;
the first valve is in a second position and the second valve is in the second position when the ambient temperature is low and the cabin, the battery, or both need heating;
the first valve is in the first position and the second valve is in the second position when the cabin, the battery, or both need cooling below the ambient temperature; or
the first valve is in the second position and the second valve is in the first position when the ambient temperature is low but sufficiently high that the refrigeration loop operates as a heat pump to heat the cabin, the battery, or both.
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 19 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.”
Response to Arguments
Applicant’s arguments, see pgs. 1-2, filed 09/25/2025, with respect to the rejection(s) of claim(s) 19-20 under 35 U.S.C. 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Adam D Moore whose telephone number is (703)756-1932. The examiner can normally be reached Monday-Thursday: 09:00AM-07:00PM (Eastern).
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.
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/ADAM DORREL MOORE/Examiner, Art Unit 3763
/ELIZABETH J MARTIN/Primary Examiner, Art Unit 3763