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 .
2. In view of the Notice of Appeal filed on June 16, 2025, PROSECUTION IS HEREBY REOPENED.
New grounds of rejection set forth below.
To avoid abandonment of the application, appellant must exercise one of the following two options:
(1) file a reply under 37 CFR 1.111 (if this Office action is non-final) or a reply under 37 CFR 1.113 (if this Office action is final); or,
(2) initiate a new appeal by filing a notice of appeal under 37 CFR 41.31 followed by an appeal brief under 37 CFR 41.37. The previously paid notice of appeal fee and appeal brief fee can be applied to the new appeal. If, however, the appeal fees set forth in 37 CFR 41.20 have been increased since they were previously paid, then appellant must pay the difference between the increased fees and the amount previously paid.
A Supervisory Patent Examiner (SPE) has approved of reopening prosecution by signing below:
/LINDSAY M LOW/Supervisory Patent Examiner, Art Unit 3747
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the limitations “…an inline cooling system in fluid connection with the circulation pump but not the inline heater…” in claim 1 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
More specifically, none of Figures 1-2 in the Present Application Drawings shows “…an inline cooling system in fluid connection with the circulation pump but not the inline heater…”.
While Figure 2 shows circulation pump (109) connected to inline cooling system (129), the circulation pump (109) is also connected to inline heater (115) thru reversing valve (131).
Present Application Written Specification discloses on Paragraph [0019], that in some embodiments, adaptable fluid heating system 100 may further include inline cooling system 129, thus allowing adaptable fluid heating system 100 to provide cooling to fluid 10. In such embodiments, adaptable fluid heating system 100 may include reversing valve 131 positioned to allow fluid 10 to pass through inline heater 115 or inline cooling system 129 depending on desired operation.
From Figure 2, the circulation pump (109) is also connected to inline heater (115) thru reversing valve (131).
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities:
The limitations “…an inline cooling system in fluid connection with the circulation pump but not the inline heater…” in claim 1 are not shown in Present Application Drawings and is not explained/disclosed in the Present Application Written Specification.
Appropriate correction is required.
Disposition of Claims
Claims 1-7 and 12-17 are pending in this application.
Claims 13-17 are withdrawn from consideration.
Claims 1-7 and 12 are rejected.
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.
Claims 1-7 and 12 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 limitations “…an inline cooling system in fluid connection with the circulation pump but not the inline heater…” in claim 1 are not shown in Present Application Drawings and is not explained/disclosed in the Present Application Written Specification, failing to comply with the written description requirement.
Claims 2-7 and 12 are also rejected under 35 U.S.C. 112(a) as being dependent on, and failing to cure the deficiencies of, rejected base claim 1 above.
Claim Rejections - 35 USC § 102
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 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by (SUNG – KR 20060072307 A).
Regarding claim 1, SUNG (Figs. 1-2) discloses:
An adaptable fluid heating system (oil circulation system 1 connected to an oil pan 2 for storing oil: Fig. 1) comprising:
a reservoir (oil pan 2: Fig. 1), the reservoir (oil pan 2: Fig. 1) holding a fluid (oil);
an inline heating loop (heating oil passage 81 and bypass passage 71: Fig. 1), the inline heating loop (heating oil passage 81 and bypass passage 71: Fig. 1) fluidly coupled to the reservoir (oil pan 2: Fig. 1),
the inline heating loop (heating oil passage 81 and bypass passage 71: Fig. 1) including:
a circulation pump (oil pump 3: Fig. 1); and
an inline heater (oil heater 9: Fig. 1), the inline heater (oil heater 9: Fig. 1) fluidly coupled to the circulation pump (oil pump 3: Fig. 1); and
an inline cooling system (oil cooler 5: Fig. 1) in fluid connection with the circulation pump (oil pump 3: Fig. 1) but not the inline heater (oil heater 9: Fig. 1).
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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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 non-obviousness.
Claims 2-7 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over (SUNG – KR 20060072307 A), in view of (ZHU - CN 207018300 U).
Regarding claims 2-7 and 12, SUNG disclose the adaptable fluid heating system according to claim 1.
But SUNG does not explicitly and/or specifically meet the following limitations:
(A) a temperature sensor positioned to measure a temperature of the fluid in the reservoir; wherein the circulation pump is driven by a circulation motor; wherein the circulation motor is driven by a VFD; a controller, the controller positioned to control the circulation pump and the inline heater; wherein the controller is adapted to determine the temperature of the reservoir and, if the temperature is below a predetermined value, operate an immersion heater before the circulation pump; the immersion heater positioned at a location proximate a suction inlet of the inline heating loop; wherein the inline heater is separated by the circulation pump by a reversing valve.
However, regarding limitation (A) above, ZHU (Fig. 1) discloses/teaches the following:
The motor pump assembly 3 comprises a variable frequency motor 31, pump 32 and coupling 33, variable frequency motor 31 connected with the pump 32, variable frequency motor 31 to provide power to pump 32, variable frequency motor 31 through a coupler 33 connected with the oil pump 32, the oil pump 32 connected with the oil tank 1, an oil tank in the hydraulic oil 1 by the conveying pump 32.
The motor pump assembly 3 and speed limiting valve 1 is provided with a reversing valve 6, one end of the reversing valve 6 connected with the motor pump group (3), reversing valve, the other end of 6 connected with the speed limiting valve 1. the reversing valve (6) and the speed limiting valve 1 between the valve 7, one end of the valve 7 is connected with the pipeline, the adjusting valve 7 the other end is connected with the oil tank 4, an oil tank of hydraulic oil 4 flowing through valve 7 back to the speed-limiting valve 1.
The oil tank 4 is provided with a filter 41, a filter 41 connected with the oil tank 4, the hydraulic oil flows into the oil tank after passing through the filter 41. an oil tank 4 provided with a screen 42 between the motor pump unit 3, a hydraulic oil through the filter screen 42 and flows to the motor pump unit 3. the oil tank 4 are mounted in the refrigerator 43, heater 44 and temperature sensor 45, a heater 44 and a temperature sensor 45 installed in the oil tank 4, a temperature sensor 45 detecting the oil tank 4 of the hydraulic oil temperature. The oil tank (4) is further provided with a liquid level meter 46, a level gauge 46 display tank 4 of hydraulic oil of the liquid surface position.
Regarding the motivation to incorporate the above elements of ZHU into SUNG:
The benefits of a Variable Frequency Drive (VFD) motor for a pump are significant energy savings through optimized motor speed, extended equipment life from soft starts and reduced mechanical stress, and improved process control and performance.
Immersion heaters are beneficial because they offer high energy efficiency through direct heat transfer, provide rapid heating, and have a compact design that requires minimal space. They also allow for precise temperature control, while having low maintenance needs. They require a temperature sensor when used for a fluid reservoir, especially an oil reservoir to have precise control of the flow control thru a fluid controller.
Reversing valves are used extensively in heating/cooling circuit systems to operate at the desired conditions when needing cooling and heating in a dynamic changing environment.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the adaptable fluid heating system of SUNG as taught by ZHU to have a faster response time under high temperature or low temperature conditions (as taught by ZHU).
Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
CN 102722190 A - CAO
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Ruben Picon-Feliciano whose telephone number is (571)-272-4938. The examiner can normally be reached on Monday-Thursday within 11:30 am-7:30 pm ET.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Lindsay M. Low can be reached on (571)272-1196. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RUBEN PICON-FELICIANO/Examiner, Art Unit 3747
/LINDSAY M LOW/Supervisory Patent Examiner, Art Unit 3747