Prosecution Insights
Last updated: April 19, 2026
Application No. 18/388,811

INDIRECT REFRIGERANT COOLER

Non-Final OA §102§112
Filed
Nov 10, 2023
Examiner
ZERPHEY, CHRISTOPHER R
Art Unit
3799
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Mahle International GmbH
OA Round
1 (Non-Final)
48%
Grant Probability
Moderate
1-2
OA Rounds
3y 1m
To Grant
67%
With Interview

Examiner Intelligence

Grants 48% of resolved cases
48%
Career Allow Rate
360 granted / 749 resolved
-21.9% vs TC avg
Strong +19% interview lift
Without
With
+19.1%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
53 currently pending
Career history
802
Total Applications
across all art units

Statute-Specific Performance

§101
0.7%
-39.3% vs TC avg
§103
51.7%
+11.7% vs TC avg
§102
17.9%
-22.1% vs TC avg
§112
23.4%
-16.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 749 resolved cases

Office Action

§102 §112
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 . Election/Restrictions The restriction requirement dated 5/23/2025 is withdrawn in part. Species 1, 2, 3, and 5 (corresponding to figures 1-4 and 6) are sufficiently similar, differing based on presence or lack of bypass of after-cooler 29. Species 1-3 and 5, while including some differences, are regarded as the base cycle of the instant system. The restriction is maintained in view of Species 4 (figure 5) and Species 6 (figures 7 and 8). Either species 4 or 6 may include the base cycle of figures 1-4 and 6. Applicant's election with traverse of species 4 in the reply filed on 7/22/2025 is acknowledged. The traversal is on the ground(s) that there is not series burden to examination. This is not found persuasive because, although the restriction requirement has been withdrawn in part, the features of Species 4 and 6, do require different fields of search. For example, species 6 includes storage on the high pressure side of the circuit and thus would include a search in F25B 2400/16 and 2400/0053 which is not required for Species 4. The requirement is still deemed proper and is therefore made FINAL. Claims 15 and 16 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 7/22/2025. The status of the claims in the instant application is as follows. Claims 1-20 are pending. Claims 1-14 and 17-20 are examined. Claims 15-16 are withdrawn. Specification The disclosure is objected to because of the following informalities: the specification uses the phrase “non-non-return” in at least 13 instances which is a translation/typographical error. The phrase is used in reference to element 68 which is a –non-return valve--. Appropriate correction is required. Claim Objections Claims 1 and 10 are objected to because of the following informalities: Claim 1 recites “the air-conduction system” rather than –the air-conditioning system--. claim 10 uses the phrase “non-non-return” which is a translation/typographical error. It is clear in view of element 68 that the valve is a –non-return valve--. Appropriate correction is required. 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 2, 5, 8, and 17-18 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. Claim 2 recites “a cooling fan is provided which with stationary vehicle generates the cooling air flow and with travelling vehicle supports the cooling air flow” which is grammatically incorrect and thus indefinite. Claims 17 and 18 are rejected for their dependency to claim 2. Claim 5 recites “as required” which is unclear. Claim 8 recites ”at least two expansion valves” which lacks antecedent basis to the “at least one expansion valve of claim 1. 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. Claim(s) 1-8 and 17-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Durrani et al (WO 2020/242096; copy provided by applicant on 11/10/2023). Regarding claim 1, Durrani discloses a battery-electric vehicle (references made to figure 10 unless otherwise noted), comprising: a vehicle interior for at least one person, an electric motor drivetrain (16 is a drivetrain heat exchanger), a traction battery (19 is a battery heat exchanger) for the energy supply of the drivetrain, an air-conditioning system for air-conditioning the vehicle interior, the air-conditioning system including at least one interior cooler (5) which for cooling a room air flow (37) leading to the vehicle interior can be flowed through by the a drive cooling circuit (17) carrying a drive coolant for cooling the drivetrain ([158] of page 19), the drive cooling circuit including a drive cooler (18) that can be flowed through by the drive coolant and by a cooling air flow (29), a battery cooling circuit (22) carrying a battery coolant for cooling the traction battery, the battery cooling circuit including a battery cooler (9) which can be flowed through by the battery coolant, a refrigeration circuit (35) carrying a refrigerant, the refrigeration circuit including a high-pressure side (at outlet side of compressor 1), a low-pressure side (at inlet side of compressor 1), a compressor (1) for driving and compressing the refrigerant, a refrigerant cooler (4) for cooling the refrigerant, at least one expansion valve (113, 6, 8, and 14; [157]) for expanding the refrigerant and an internal heat exchanger (36), wherein the internal heat exchanger (36)couples the high-pressure side to the low-pressure side in a heat-transferring manner, wherein the at least one expansion valve (as the expansion valve(s) expand the refrigerant from high to low pressure the respective inlet and outlet divide the high and low pressure sides) is connected on the inlet side to the high-pressure side and on the outlet side to the low-pressure side, wherein the compressor (1) is connected to the low-pressure side on the inlet side and to the high-pressure side on the outlet side, wherein the refrigerant cooler (4) can be flowed through by a cooling air flow and by the refrigerant and is arranged in the high-pressure side upstream of the internal heat exchanger (36), wherein the battery cooler (9) is incorporated in the refrigeration circuit downstream of the at least one expansion valve (8) and upstream of the internal heat exchanger (36) and can be flowed through by the refrigerant, wherein the interior cooler (5) is incorporated in the refrigeration circuit downstream of the at least one expansion valve (6) and upstream of the internal heat exchanger (36) and can be flowed through by the refrigerant, wherein the refrigeration circuit additionally comprises an after-cooler (15) which is arranged in the refrigeration circuit downstream of the refrigerant cooler (4) and upstream of the internal heat exchanger (36) and can be flowed through by the refrigerant, and wherein the after-cooler (15) is additionally incorporated in the drive cooling circuit (17) downstream of the drive cooler (18) and can be flowed through by the drive coolant. Regarding claim 2, Durrani discloses the vehicle according to claim 1, wherein the refrigerant cooler (4) and the drive cooler (18) are arranged so that they can be flowed through in succession by the same cooling air flow (29). Regarding claims 3 and 17, Durrani discloses the after-cooler (15) is incorporated in the drive cooling circuit (17) so that the entire volume flow of the drive coolant flows through the after-cooler (as arranged in figures 17 or 18 the valve 26 is open towards 15 and closed towards 18 such that all of the coolant passes through 15). Regarding claims 4 and 18, Durrani discloses the drive cooling circuit (17) comprises an after-cooler bypass (path through 21 may bypass after cooler 15) which bypasses the after-cooler(15), so that the volume flow of the drive coolant can at least partially flow through the after-cooler and/or at least partially through the after-cooler bypass (figure 18 includes valve 26 arranged such that flow passes both through 15 and bypass thereof). Regarding claim 5, Durrani discloses the vehicle according to claim 4, wherein the drive cooling circuit (17) comprises a stop valve (26) arranged in an inflow/outflow from the after-cooler (15) for blocking the inflow/outflow. Regarding claim 6, Durrani discloses the drive cooling circuit comprises a control valve (26) with which a division of the volume flow of the drive coolant into the after-cooler (15) and into the after-cooler bypass is adjustable (figure 18 includes adjustability of valve 26). Regarding claim 7, Durrani discloses the refrigeration circuit comprising an interior cooling branch, in which the interior cooler (5) is arranged, the interior cooling branch branches off from the high-pressure side at a branch-off point (point upstream of expansion valve 6), which is arranged in the high-pressure side downstream of the internal heat exchanger (36) and upstream of the battery cooler (9), and the interior cooling branch is returned at a return point (point adjacent valve 117) into the low-pressure side, which is arranged in the low-pressure side downstream of the battery cooler (9) and upstream of the internal heat exchanger (36). Regarding claim 8, Durrani discloses the refrigeration circuit comprises at least two expansion valves including a first expansion valve (8) and a second expansion valve (6), the first expansion valve (8) is arranged downstream of the branch-off point and upstream of the battery cooler (9), and. Allowable Subject Matter Claims 9-14 and 19-20 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. Claim 10 includes a typographical error as noted above. The following is an examiner’s statement of reasons for allowance: Claim 9 depends from, and therefor includes, claim 1. Claim 9 further recites a bypass branch of the after-cooler, internal heat exchanger on the high-pressure side, and battery cooler. Where the bypass branch includes a stop valve. While in general bypass branches are well known to the art, the bypass branch of claim 9 bypasses the recited elements. Claim 1 is rejected in view of Durrani as detailed above. There is no compelling reason to provide a bypass having a stop valve to said elements in the manner recited in claim 9. No known reference, whether alone or in proper combination, would result in the claimed invention. Claims 10-14 and 19-20 depend from claim 9. 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.” Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The cited art includes arrangements for battery and/or drive cooling circuits as parts of vehicle HVAC systems. Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER R ZERPHEY whose telephone number is (571)272-5965. The examiner can normally be reached M-F 7:00-4:00 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, Thomas Barrett can be reached at 5712724746. 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. /CHRISTOPHER R ZERPHEY/Primary Examiner, Art Unit 3799
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Prosecution Timeline

Nov 10, 2023
Application Filed
Oct 02, 2025
Non-Final Rejection — §102, §112 (current)

Precedent Cases

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
48%
Grant Probability
67%
With Interview (+19.1%)
3y 1m
Median Time to Grant
Low
PTA Risk
Based on 749 resolved cases by this examiner. Grant probability derived from career allow rate.

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