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 § 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(s) 18, 21-24, 31, 32, 34-37, and 39 is/are rejected under 35 U.S.C. 103 as being unpatentable over DE 202020105684 U1 in view of Schmitter (US 3,029,661). DE’684 discloses an oil sump (fig. 3) for supplying an assembly of a motor vehicle, comprising:
Re claim 18, a housing comprising a housing frame (side walls of 3), a housing base (bottom wall of 3) and a housing cover (base of engine block 2), an oil accommodating space (14) enclosed by the housing, and a suction pipe (11a) which extends into the oil accommodating space and comprises an opening (bottom end of 11a) via which oil can be delivered or suctioned from the oil accommodating space through the suction pipe; and a pump inlet port (10a) and a passage (passage shown between 11a and 10a) formed by the housing frame, wherein the passage connects the suction pipe and the pump inlet port in fluid communication (fig. 10); wherein: the housing cover is joined to the housing frame by means of a material-fit joining connection (19b); the housing frame is arranged between the housing cover and the housing base (fig. 2); and the housing frame itself and/or the housing frame together with the housing base and/or the housing cover forms one or more oil channels (a channel at 11b).
Re claim 21, wherein the oil sump comprises or integrally forms an oil filter receptacle (fig. 17 shows the receptable at the bottom of 11b for receiving portion 24b of the filter) for accommodating an oil filter (24b,29,30).
Re claim 22, wherein the housing or the housing frame comprises or integrally forms the oil filter receptacle (fig. 17 shows the receptable at 11b for receiving portion 24b of the filter).
Re claim 23, wherein the oil channel or one of the oil channels is connected in fluid communication with the oil filter receptacle or emerges into the oil filter receptacle (fig. 17).
Re claim 24, wherein the oil sump comprises at least one supply outlet (outlet at the top end of 11b) which is embodied to supply oil to an assembly, and the oil channel or one of the oil channels connects the oil filter receptacle and the at least one supply outlet in fluid communication (fig. 17), such that oil can be delivered from the oil filter receptacle to the at least one supply outlet through the oil channel (fig. 17).
Re claim 31, wherein the suction pipe is inserted into a channel receptacle (fig. 12 shows the groove formed on the frame for receiving 24a of the pipe 11a, the groove defining a receptacle therein) integrally formed by the housing frame.
Re claim 32, wherein the passage connects the channel receptacle and the pump inlet port in fluid communication, such that oil can be delivered from the suction pipe to the pump via the pump inlet port (fig. 10).
Re claim 34, an oil delivery module (fig. 4) which comprises an oil sump according claim 18 (see claim 18) and a pump (5), wherein a first pump inlet (9a) of the pump is connected in fluid communication with the suction pipe, such that oil can be delivered from the oil accommodating space into the pump via the suction pipe, and a first pump outlet (9b) of the pump is connected in fluid communication with the oil sump or the oil channel, such that oil can be delivered from the pump into the oil sump or into the oil channel.
Re claim 35, wherein the oil sump comprises an oil filter receptacle (fig. 17 shows the receptable at the bottom of 11b for receiving portion 24b of the filter), wherein the first pump outlet is connected in fluid communication with the oil filter receptacle (fig. 14-17).
Re claim 36, wherein a heat exchanger (4b) which is arranged between the first pump outlet and the oil sump or an oil filter receptacle of the oil sump is configured such that oil delivered from the first pump outlet to the oil sump can flow through the heat exchanger.
Re claim 37, wherein a pump inlet (9a) or a second pump inlet of a pump is connected in fluid communication with one of the oil channels (channel defined between 9a and 10a), and a pump outlet (9b) or a second pump outlet of the pump is connected in fluid communication with another of the oil channels (11B), such that oil can be delivered from the one oil channel into the other oil channel by means of the pump.
Re claim 39, wherein a gasket is arranged between the suction pipe and the channel receptacle for sealing off a gap formed between the suction pipe and the channel receptacle (the groove channel of the frame interfacing with the perimeter of 11a defines a gasket).
DE’684 does not disclose:
Re claim 18, the housing base is joined to the housing frame by means of a material-fit joining connection.
However, Schmitter teaches a gearbox (fig. 1) wherein:
Re claim 18, the housing base (37) is joined to the housing frame (33,34,73,74) by means of a material-fit joining connection (col 3 ln 32-35).
It would have been obvious to person having ordinary skill in the art before the effective filing date of the claimed invention to employ the material-fit joining connection, as taught by Schmitter, to provide an airtight seal and strong structural connection with each other.
Claim(s) 25, 27-30, 33, and 38 is/are rejected under 35 U.S.C. 103 as being unpatentable over DE 202020105684 U1 in view of Schmitter (US 3,029,661) and Jauss et al. (US 2023/0279993 A1). DE’684 as modified discloses the oil sump (as cited above). DE’684 does not disclose:
Re claim 25, wherein the oil sump or the housing cover comprises a feedback inlet or multiple feedback inlets for feeding oil from the assembly back into the oil sump and the pump inlet port for delivering fluid from the oil sump into a pump, wherein the oil channel or one of the oil channels connects the feedback inlet or one of the feedback inlets to the pump inlet port, such that oil can be delivered from the feedback inlet to the pump inlet port through the oil channel.
Re claim 27, wherein the oil sump or the housing cover comprises a feedback inlet or multiple feedback inlets for feeding oil from the assembly back into the oil sump, wherein the feedback inlet or one of the feedback inlets emerges into the oil accommodating space, such that oil can be delivered from the feedback inlet directly into the oil accommodating space or into a first section or second section of the oil accommodating space.
Re claim 28, wherein the oil sump or the housing cover comprises a feedback inlet for feeding oil from the assembly back into the oil sump, wherein the opening of the suction pipe is arranged below or in a projection of the feedback inlet, and/or a deflector is arranged between the feedback inlet and the opening is configured such that oil which flows from the feedback inlet into the oil sump flows against the deflector which prevents oil which flows from the feedback inlet into the oil sump from flowing directly onto the opening.
Re claim 29, wherein at least one of the housing frame and the housing cover comprises at least one channel portion or a groove-shaped channel portion on its side pointing towards the housing cover or housing frame, respectively, wherein said at least one channel portion is covered by the other of the housing cover and the housing frame in order to form a closed cross-section of the one or more oil channels.
Re claim 30, wherein said at least one channel portion is covered by at least one corresponding groove-shaped channel portion.
Re claim 33, wherein the housing or the housing frame comprises or integrally forms a sensor receptacle to which a peripheral or a temperature sensor, can be fastened and which is configured such that it can ascertain a measurement value or a temperature, in the oil channel or in one of the oil channels.
Re claim 38, wherein the deflector is plate-shaped.
However, Jauss teaches an oil sump (fig. 3):
Re claim 25, wherein the oil sump or the housing cover (2) comprises a feedback inlet (11c) or multiple feedback inlets for feeding oil from the assembly back into the oil sump and the pump inlet port for delivering fluid from the oil sump into a pump, wherein the oil channel or one of the oil channels (24c) connects the feedback inlet or one of the feedback inlets to the pump inlet port (pump disclosed by DE’684; par [0063] describe the pump associated with each path 5,6,7 therefore is indicative of a pump inlet port), such that oil can be delivered from the feedback inlet to the pump inlet port through the oil channel.
Re claim 27, wherein the oil sump or the housing cover comprises a feedback inlet (11c) or multiple feedback inlets for feeding oil from the assembly back into the oil sump, wherein the feedback inlet or one of the feedback inlets emerges into the oil accommodating space, such that oil can be delivered from the feedback inlet directly into the oil accommodating space or into a first section or second section of the oil accommodating space (oil is delivered back into the oil accommodating space from 11c via channel 24c).
Re claim 28, wherein the oil sump or the housing cover comprises a feedback inlet (11c) for feeding oil from the assembly back into the oil sump, wherein the opening of the suction pipe is arranged below or in a projection of the feedback inlet (fig. 3: feedback inlet is located in the upper cover while the suction channel portion is located in the lower housing; the suction pipe is disclosed by DE’684), and/or a deflector is arranged between the feedback inlet and the opening is configured such that oil which flows from the feedback inlet into the oil sump flows against the deflector which prevents oil which flows from the feedback inlet into the oil sump from flowing directly onto the opening.
Re claim 29, wherein at least one of the housing frame and the housing cover comprises at least one channel portion or a groove-shaped channel portion (24i) on its side pointing towards the housing cover or housing frame, respectively, wherein said at least one channel portion is covered by the other of the housing cover and the housing frame in order to form a closed cross-section of the one or more oil channels (24i corresponds to 30 to form a closed cross-section of the one or more oil channels).
Re claim 30, wherein said at least one channel portion is covered by at least one corresponding groove-shaped channel portion (24i corresponds to 30 to form a closed cross-section of the one or more oil channels).
Re claim 33, wherein the housing or the housing frame comprises or integrally forms a sensor receptacle (29b) to which a peripheral or a temperature sensor (28b), can be fastened and which is configured such that it can ascertain a measurement value or a temperature, in the oil channel or in one of the oil channels (fig. 10).
Re claim 38, wherein the deflector is plate-shaped (parent claim 28 has the deflector as an optional limitation due to the “and/or” statement, and was not referred to by the prior art).
Regarding claims 25, 27, 28, it would have been obvious to person having ordinary skill in the art before the effective filing date of the claimed invention to employ feedback inlet, as taught by Jauss, to provide a path for oil to circulate back to the pump.
Regarding claim 29, it would have been obvious to person having ordinary skill in the art before the effective filing date of the claimed invention to form a channel between the frame and cover, as taught by Jauss, to promote compactness of the system.
Regarding claim 33, it would have been obvious to person having ordinary skill in the art before the effective filing date of the claimed invention to employ the sensor receptacle and temperature sensor, as taught by Jauss, to provide feedback and for the system to make adjustments in order to improve operation.
Allowable Subject Matter
Claim 26 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.
Response to Arguments
Applicant’s arguments with respect to claim(s) 18 and 21-39 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Particularly, the DE 202020105684 U1 reference is used to disclose the suction pipe 11a.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MINH D TRUONG whose telephone number is (571)270-3014. The examiner can normally be reached M-F 9-5 pm.
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/Minh Truong/Primary Examiner, Art Unit 3654