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 .
Claim Rejections - 35 USC § 112
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 21-31 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 21, on the final 4 lines of the claim, it is not clear whether “the chamber liquid inlet”, “the chamber liquid outlet” and “the baffle plate” are referring to these items claimed in “the first deceleration chamber” or the “second deceleration chamber”, since both such chambers contain these elements.
Regarding claim 22, it is not clear whether “the chamber liquid inlet”, “the chamber liquid outlet” and “the baffle plate” are referring to these items claimed in “the first deceleration chamber” or the “second deceleration chamber”, since both such chambers contain these elements.
Claim 23 recites a “horizontal cross-section” of “the second deceleration chamber”, but then goes to state that “the baffle plate is configured to block at least 50% of the horizontal cross-section of the first deceleration chamber”. It is generally unclear which “baffle plate” is being referenced, and the recitation of the “first deceleration chamber” renders it even more unclear, since the beginning of the claim mentions the “second deceleration chamber”.
Regarding claim 24, it is unclear which baffle plate “the baffle plate” is referring to.
Regarding claim 25, it is unclear which baffle plate “the baffle plate” is referring to.
Regarding claim 28, it is unclear which chamber liquid inlet “the chamber liquid inlet” is referring to.
Regarding claim 29, it is unclear which chamber liquid inlet “the chamber liquid inlet” is referring to. It is also unclear which chamber liquid outlet “the chamber liquid outlet” is referring to.
Regarding claim 30, the language “respective chamber side wall of the first deceleration chambers and of the second deceleration chamber” is unclear and indefinite. It appears that “wall” should be changed to “walls” and “chambers” should be changed to “chamber”.
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.
Claims 12, 13 and 15-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yu FR2905737 [translation].
Regarding claim 12, Yu discloses a passive automotive coolant liquid deaerator unit for deaerating a circulating coolant liquid of a coolant circuit of an automobile (Abstract), the passive automotive coolant liquid deaerator unit comprising: a deaerator housing (housing 26) which defines a first deceleration chamber, the first deceleration chamber comprising a chamber liquid inlet (inlet 25a), a chamber liquid outlet (outlet 25b), and a deaeration opening which is arranged at a vertical top of the first deceleration chamber (opening 25c); and a baffle plate which is arranged substantially horizontally within the first deceleration chamber (baffle 27), wherein, the chamber liquid inlet is arranged vertically higher than the chamber liquid outlet (see figures: inlet 25a is above 25b), and the baffle plate is further arranged vertically between the chamber liquid inlet and the chamber liquid outlet (see figure 7).
Regarding claim 13, Yu discloses that the chamber liquid inlet has an opening having a lowest edge, the chamber liquid outlet has an opening having a highest edge, the lowest edge of the opening of the chamber liquid inlet is vertically higher than the highest edge of the opening of the chamber liquid outlet, and the baffle plate is arranged horizontally between the lowest edge of the opening of the chamber liquid inlet and the highest edge of the opening of the chamber liquid outlet and lies in a horizontal plane (see figures 6-8).
Regarding claim 15, Yu discloses that the contour of the body of the baffle plate is geometrically similar to the contour of the bottom wall of the first deceleration chamber (figure 8: since “bottom” is relative, one of the walls by the inlet or the outlet outlet can be considered the “bottom wall”, and since these walls are flat, they can be considered to be geometrically similar to the contour of the flat baffle plate).
Regarding claim 16, Yu discloses that the deaerator housing is defined by a main housing body which comprises a horizontal chamber bottom wall and chamber sidewalls, and a cover lid body which comprises a chamber top wall, and the cover lid body is configured to hold the body of the baffle plate (figure 8: since “bottom” and “top” are relative, any of the various walls read on these limitations; since all of the walls are in contact with the baffle plate, they all hold the body of the baffle plate; either end wall can be considered the “cover lid body”).
Regarding claims 17-19, Yu discloses that the first deceleration chamber further comprises a cross-section widening zone, and the cross-section widening zone has a horizontal width which is arranged to continually increase from an initial width to an end width, wherein the continual increase of the horizontal width of the cross-section widening zone from the initial width to the end width is linear, and wherein the cross-section widening zone begins right after the chamber liquid inlet (figure 8: the cross-section of the area of the fluid flow continuously increases from the inlet to outlet).
Regarding claim 20, Yu discloses that the first deceleration chamber further comprises a fluidic cross section which continuously increases between the chamber liquid inlet and the chamber liquid outlet (figure 8: the cross-section of the area of the fluid flow increases).
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.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Yu FR2905737 [translation].
Yu is relied upon as above.
Regarding claim 14, although the figures of Yu appear to show that the baffle plate is configured to block at least 50% of the horizontal cross-section of the first deceleration chamber (see figure 7), Yu nevertheless does not expressly state that the baffle plate blocks at least 50% of the horizontal cross-section. Nevertheless, absent a proper showing of criticality or unexpected results, the amount and size of the holes is considered to be a general condition that would have been routinely optimized by one having ordinary skill in the art in order to provide optimal gas liquid separation. MPEP 2144.05.
Allowable Subject Matter
If the 112 2nd paragraph rejections were overcome, claims 21-31 would be 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.
The following is a statement of reasons for the indication of allowable subject matter: The prior art fails to disclose or make obvious claim 21, wherein the deaerator housing further defines a second deceleration chamber which is arranged to be substantially separate from the first deceleration chamber, the second deceleration chamber comprising a chamber liquid inlet, a chamber liquid outlet, and a deaeration opening which is arranged at a vertical top of the second deceleration chamber; and a baffle plate which is arranged substantially horizontally within the second deceleration chamber, wherein, the chamber liquid inlet is arranged vertically higher than the chamber liquid outlet, and the baffle plate is further arranged vertically between the chamber liquid inlet and the chamber liquid outlet.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER P JONES whose telephone number is (571)270-7383. The examiner can normally be reached 9AM-6PM EST M-F.
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/CHRISTOPHER P JONES/Primary Examiner, Art Unit 1776