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 § 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.
(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(s) 1, 3-4, 6, and 9-10 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Chen (US 2020/031198).
Regarding claim 1, Chen teaches a thermal management module (80, Fig. 46, [0226]), comprising
- a first heat exchanger (11, Fig. 48, [0226]),
- a second heat exchanger (12, Fig. 48, [0226]),
- a first flange (6, Fig. 48; and 173, Fig. 48, [0229], See annotated Fig. 48 below)
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located between the first heat exchanger and second heat exchanger, in which there is a fluid channel connecting the first heat exchanger to the second heat exchanger for fluid exchange (Fig. 51, [0227], “inner end opening P 2 of the second orifice channel 1206 is in communication with the inner end opening P 5 ′ of the fifth orifice channel”), and the first flange including a first receiver (173, Fig. 48, [0229]) for a first valve assembly (parts of flow control members 17 not 173 or parts of 173, Fig. 48, [0229]), the first receiver disposed on an outer side edge of the first flange (See annotated Fig. 47 below, if the part of the first flange located between the first heat exchanger and the second heat exchanger is the center, the outer portion where 173 is disposed is furthest away from the center on the right side of Fig. 47, and 173 is disposed on a side edge of the outer portion),
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- a second flange (13, Fig. 47) on the first heat exchanger, which has a second receiver (112, Fig. 47) for a second valve assembly (2 ′, Fig. 47, [0233]),
- wherein the first valve assembly comprises an expansion valve (171 valve body with 174 valve needle performing opening, closing and size adjustment of the flow control channel).
Regarding claim 3, Chen teaches the second valve assembly further comprises a unidirectional valve (23, Fig. 46, [0233]).
Regarding claim 6, Chen teaches the first flange is made of aluminum (13, [0100]).
Regarding claim 9, Chen teaches a motor vehicle that has a thermal management system according to claim 1 ([0272]).
Regarding claim 10, Chen teaches the motor vehicle is an electric vehicle ([0272]).
Claim Rejections - 35 USC § 103
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 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen (US 2020/031198).
Regarding claim 4, Chen does not teach the first flange has at least two openings into the first heat exchanger and at least two openings into the second heat exchanger through which fluid can pass.
However, the number of openings in the first flange (6, Fig. 48, “joint component”; 173, Fig. 48, [0229], “mounting block”) into the first heat exchanger (11, Fig. 48, [0226]) and the second heat exchanger (12, Fig. 48, [0226]) would not have significantly affected the communication between the second orifice channel (1206, Fig. 51, [0227]) and the fifth orifice channel (1209, Fig. 51, [0227]).
Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to increase the number of openings in the first flange. Because the number of openings would not have modified the function of the first flange, the modification of the number of openings would a design choice (See reHarza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960)).
Claim(s) 5 and 7-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen (US 2020/031198), and further in view of Wesner (US 9093729).
Regarding claim 5, Chen does not teach the first heat exchanger, first flange, second heat exchanger, and second flange are soldered or clamped together.
However, Wesner teaches a heat exchanger plate stack (2, Fig. 4, [0049]) having a cover panel at the top (9, Fig. 4, [0049]), a connecting flange (16, Fig. 4, [0051]), and a thermal expansion valve (26, Fig. 4, [0052]). The connecting flange is fastened to the cover panel by means of a soldered connection ([0051]) and connected to the thermal expansion valve also by means of a soldered connection ([0052]). Wesner also teaches the heat exchanger components expediently have a solder plating for the cohesive connection of the components by means of soldering ([0027]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to solder components of the thermal management module (Chen: 80, Fig. 47, “fluid heat exchange assembly”) for cohesive connection of the components.
Regarding claim 7, Chen does not teach the first valve assembly is screwed, clamped, or soldered to the first flange.
However, Wesner teaches a heat exchanger plate stack (2, Fig. 4, [0049]) having a cover panel at the top (9, Fig. 4, [0049]), a connecting flange (16, Fig. 4, [0051]), and a thermal expansion valve (26, Fig. 4, [0052]). The connecting flange is fastened to the cover panel by means of a soldered connection ([0051]) and connected to the thermal expansion valve also by means of a soldered connection ([0052]). Wesner also teaches the heat exchanger components expediently have a solder plating for the cohesive connection of the components by means of soldering ([0027]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the thermal management module (Chen: 80, Fig. 47, “fluid heat exchange assembly”) to fasten the first valve assembly (Chen: parts of flow control members 17 not 173 or parts of 173, Fig. 48, [0229]) to the first receiver (Chen: 173, Fig. 48, [0229], “mounting block”) of the first flange (Chen: 6, Fig. 48, “joint component”; 173, Fig. 48, [0229], “mounting block”) by means of a soldered connection for cohesive connection of the components (Wesner: [0027]).
Regarding claim 8, Chen does not teach the second valve assembly is screwed, clamped, or soldered to the second flange.
However, Wesner teaches a heat exchanger plate stack (2, Fig. 4, [0049]) having a cover panel at the top (9, Fig. 4, [0049]), a connecting flange (16, Fig. 4, [0051]), and a thermal expansion valve (26, Fig. 4, [0052]). The connecting flange is fastened to the cover panel by means of a soldered connection ([0051]) and connected to the thermal expansion valve also by means of a soldered connection ([0052]). Wesner also teaches the heat exchanger components expediently have a solder plating for the cohesive connection of the components by means of soldering ([0027]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the thermal management module (Chen: 80, Fig. 47, “fluid heat exchange assembly”) to fasten the second valve assembly (Chen: 2 ′, Fig. 47, [0233], “fluid control module”) to the second flange (Chen: 13, Fig. 47, “connecting component”) by means of a soldered connection for cohesive connection of the components (Wesner: [0027]).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 and 3-10 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.
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 An Bach Phan whose telephone number is (571)272-7244. The examiner can normally be reached M-F, 7-3 ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Len Tran can be reached at (571)272-1184. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/A.B.P./Examiner, Art Unit 3763
/LEN TRAN/Supervisory Patent Examiner, Art Unit 3763
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