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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 04/11/2024 was filed on or after the mailing date of the application.
The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Election/Restrictions
Applicant's election with traverse of Species C, claims 1-3, 5,7-9 and 11-17 in the reply filed on 12/02/2025 is acknowledged. The traversal is on the ground(s) that there is no undue burden to consider all the claims. The argument is not found persuasive because as stated in MPEP § 806.04(b), an election of species may be required even in the event that the species are related by a general inventive concept.
Additionally, as stated in MPEP § 806.04(f) requirement for an election of species may be proper if the species are mutually exclusive, i.e. each of the claims directed to the different species recites characteristics not claimed in the claims directed in the species of the other species. In the present case, the first multiway valve and the second multiway valve are each designed as a 3/2-way valve (as recited in claim 4), the accumulator is connected with a first connection to the second connection of the compressor and with a second connection to the second connection of the interior evaporator and to a third connection of the second multiway valve(as recited in claim 6) and the heat exchanger is formed as an integral part of a housing of the combination valve (as recited in claim 10) are mutually exclusive. Thus, the relation of the two inventions via common features does render an election of species requirement improper.
The different species would impose a search burden for the reasons cited in the previous office action..
The requirement is still deemed proper and is therefore made FINAL.
Claims 4, 6 and 10 withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Species, there being no allowable generic or linking claim.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 12/02/2025.
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed on 07/08/2021 and 08/20/2021.
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 “a first connection of the compressor is connected to a first connection of the interior condenser, a second connection of the interior condenser is connected to a first connection of a first multiway valve, the first multiway valve is connected with a second connection to a first connection of the condenser and to a first connection of a second multiway valve, and with a third connection to a second connection of the second multiway valve and to a first connection of the chiller; the condenser is connected with a second connection to a first connection of a first throttle; the first throttle is connected with a second connection to a first connection of a second throttle and to a first connection of a third throttle; a second connection of the second throttle is connected to a second connection of the chiller and a second connection of the third throttle is connected to a first connection of the interior evaporator; and a second connection of the interior evaporator is connected to a second connection of the compressor and to a third connection of the second multiway valve,” in claim 3 must be shown or the feature(s) canceled from the claim(s).
No new matter should be entered.
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.
Claim Rejections - 35 USC § 112(b)
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.
Claim 2 is rejected under 35 U.S.C. 112(b), as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, regards as the invention.
Regarding Claim 2, the term “freely controllable expansion valve” is relative terms which renders the claim indefinite.
The term “freely” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Therefore “freely controllable expansion valve” is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second 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) 1-2 are rejected under 35 U.S.C. 103 as being unpatentable over Schoeneman et al. (US2021/0080027A1) and in view of Bara et al. (DE102016121362A1).
Regarding Claim 1, Schoeneman teaches a thermal management system for an electric vehicle [title “electrified vehicle”], the thermal management system comprising [0001 “thermal management system”]:
a battery circuit [68] having a first coolant pump [86] for a coolant [0060 “coolant”], a battery [82], and a chiller[84; 0058];
a drive circuit [64] having a second coolant pump [74] for the coolant [0060], an electric motor [72; 0058 ”electric machines”], power electronics for controlling the electric motor [0058 where 72 also would include power electronics to control the electric motor], and a heat sink [70; fig. 14] for dissipating heat to open surroundings [0058].
Schoeneman does not explicitly teach a refrigerant circuit for a refrigerant for controlling the temperature of an interior of the electric vehicle having a compressor, for heat exchange with the interior, an interior condenser, and an interior evaporator, a condenser, at least one throttle, and the chiller for heat exchange with the battery circuit,
the thermal management system being designed such that the chiller, in relation to the battery circuit, is adapted to be operated both in a cooling mode for cooling the battery and in a heating mode for heating the battery.
However, Bara teaches a refrigerant circuit [3] for a refrigerant [0062 “the refrigerant”] for controlling the temperature of an interior [0062 “from the refrigerant to the supply air of the passenger compartment”] of the electric vehicle [“ the vehicle” corresponding to electrified vehicle of Schoeneman] having a compressor [4], for heat exchange with the interior, an interior condenser [6], and an interior evaporator [5], a condenser [8], at least one throttle [10-12], and the chiller [9 corresponding to 68 of Schoeneman] for heat exchange with the battery circuit [18b corresponding to 68 of Schoeneman],
the thermal management system [1a and 1b corresponding to thermal management system of Schoeneman] being designed such that the chiller [9], in relation to the battery circuit [18b], is adapted to be operated both in a cooling mode [m3] for cooling the battery [0148 “heat dissipated from the battery”] and in a heating mode [m12] for heating the battery [0170 “heat transferred from the coolant to the battery”].
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 Schoeneman to have a refrigerant circuit for a refrigerant for controlling the temperature of an interior of the electric vehicle having a compressor, for heat exchange with the interior, an interior condenser, and an interior evaporator, a condenser, at least one throttle, and the chiller for heat exchange with the battery circuit, the thermal management system being designed such that the chiller, in relation to the battery circuit, is adapted to be operated both in a cooling mode for cooling the battery and in a heating mode for heating the battery in view of the teachings of Bara 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 for an electric vehicle having a refrigerant circuit and heating and cooling modes where the battery is cooled and heated by the chiller, which has the advantage of low system complexity [Bara; 0042]
Regarding Claim 2, modified Schoeneman teaches the thermal management system according to claim 1 and Bara teaches wherein at least one of the at least one throttle [10-12] is designed as an expansion valve [0048 “expansion valve”] or as a freely controllable expansion valve [0041 “expansion valve to change the flow cross-section”], or wherein all throttles of the at least one throttle are each designed as an expansion valve [0048 “expansion valve” where all are expansion valves].
Allowable Subject Matter
Claims 3, 5, 7-9 and 11-17 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.
Allowable Subject Matter
Claim 3 is 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.
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 3 is cited as containing allowable subject matter.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 3, the subject matter which is considered to distinguish from the closest prior art of record, Schoeneman et al. (US2021/0080027A1) and Bara et al. (DE102016121362A1).
The prior art of record teaches Modified Schoeneman teaches the thermal management system according to claim 1 and Bara teaches wherein the refrigerant circuit [3] is designed as follows in terms of flow conduction:
a first connection of the compressor [4] is connected to a first connection of the interior condenser [6; see at least fig. 1], a second connection of the interior condenser [6] is connected to a first connection of a first multiway valve [fig. 1d; 7], the first multiway valve [7] is connected with a second connection to a first connection of the condenser [8; fig. 1d] and to a first connection of the chiller [Schoeneman; 84].
In contrast to the claimed features of a first connection of a second multiway valve, and with a third connection to a second connection of the second multiway valve the condenser is connected with a second connection to a first connection of a first throttle;
the first throttle is connected with a second connection to a first connection of a second throttle and to a first connection of a third throttle;
a second connection of the second throttle is connected to a second connection of the chiller and a second connection of the third throttle is connected to a first connection of the interior evaporator; and
a second connection of the interior evaporator is connected to a second connection of the compressor and to a third connection of the second multiway valve.
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