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 .
2. This Office Action is sent in response to Applicant's Communication received on October 18, 2023 for application number 18/489,467. This Office hereby acknowledges receipt of the following and placed of record in file: Specification, Drawings, Abstract, Oath/Declaration, and Claims.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on October 18, 2023 was submitted in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Priority
4. Acknowledgment is made of applicant's claim for foreign priority under 35 U.S.C. 119(a)-(d). The certified copy has been filed in parent Application No. JP 2022-175187 filed on November 01, 2022.
Disposition of Claims
Claims 1-12 are pending in this application.
Claims 6-7 and 11-12 are objected as allowable subject matter.
Claims 1-5 and 8-10 are rejected.
Allowable Subject Matter
Claims 6-7 and 11-12 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.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by enough structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites enough structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting enough structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting enough structure to perform the recited function and the generic placeholder is not preceded by a structural modifier.
Such claim limitations are:
“Air conditioning operating state information acquisition unit”, “vehicle state information acquisition unit”, “outside temperature acquisition unit” and “valve control unit” in claims 7 and 12.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
(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.
Claims 1-5 and 8-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by (MERTENS – FR 2722834 A1).
Regarding claim 1, MERTENS (Figs. 1-2) discloses:
A tank (cooling system module 3: Fig. 2) that is used in a temperature control system and that accommodates coolant used for temperature control, the tank (cooling system module 3: Fig. 2) comprising:
a container body (first chamber 4, a second chamber 5 subdivided into two compartments 5-1 and -2 and a third chamber 6: Fig. 2) having an opening (filling opening 50: Fig. 2) and configured to accommodate the coolant (coolant fluid: Abstract);
a lid portion (upper wall 115 and plug 61 comprising a tubular body 62 and a cover 63: Fig. 2) covering the opening (filling opening 50: Fig. 2), the lid portion (upper wall 115 and plug 61 comprising a tubular body 62 and a cover 63: Fig. 2) including a pump housing portion (Wall 114: Fig. 2) recessed toward an inner side of the container body (first chamber 4, a second chamber 5 subdivided into two compartments 5-1 and -2 and a third chamber 6: Fig. 2) and including a through hole (Through hole accommodating inlet 112: Fig. 2) extending through an inside of the container body (first chamber 4, a second chamber 5 subdivided into two compartments 5-1 and -2 and a third chamber 6: Fig. 2), and at least one inflow port into which the coolant flows from a coolant circuit of the temperature control system; and
a pump (circulation pump 7: Fig. 2) housed in the pump housing portion (Wall 114: Fig. 2) and configured to draw the coolant (coolant fluid: Abstract) accommodated in the container body (first chamber 4, a second chamber 5 subdivided into two compartments 5-1 and -2 and a third chamber 6: Fig. 2) through the through hole (Through hole accommodating inlet 112: Fig. 2).
Regarding claim 2, MERTENS disclose the tank according to claim 1, and further on MERTENS also discloses:
wherein the pump housing portion (Wall 114: Fig. 2) includes a threaded portion (screw 134: Fig. 2) configured to screw with a screw thread (thread portion on fixing lug 129: Fig. 2) formed in an outer surface of the pump (circulation pump 7: Fig. 2), and the screw thread (thread portion on fixing lug 129: Fig. 2) is screwed with the threaded portion (screw 134: Fig. 2) to engage the pump (circulation pump 7: Fig. 2) with the pump housing portion (Wall 114: Fig. 2).
Regarding claim 3, MERTENS disclose the tank according to claim 1, and further on MERTENS also discloses:
a coolant heating device (fluid outlet 14 of the engine: Fig. 1) mounted (mounted thru inlet 48: Fig. 2) to the lid portion (upper wall 115 and plug 61 comprising a tubular body 62 and a cover 63: Fig. 2) and configured to heat the coolant (coolant fluid: Abstract) drawn by the pump (circulation pump 7: Fig. 2) and send the coolant (coolant fluid: Abstract) to the coolant circuit.
Regarding claim 4, MERTENS disclose the tank according to claim 3, and further on MERTENS also discloses:
wherein the lid portion (upper wall 115 and plug 61 comprising a tubular body 62 and a cover 63: Fig. 2) further includes
a first tank flow path (inlet 48: Fig. 2) on a front surface on the container body (first chamber 4, a second chamber 5 subdivided into two compartments 5-1 and -2 and a third chamber 6: Fig. 2) side, and the first tank flow path (inlet 48: Fig. 2) connects the pump (circulation pump 7: Fig. 2) and the coolant heating device (fluid outlet 14 of the engine: Fig. 1) and supplies the coolant drawn by the pump (circulation pump 7: Fig. 2) to the coolant heating device (fluid outlet 14 of the engine: Fig. 1).
Regarding claim 5, MERTENS disclose the tank according to claim 4, and further on MERTENS also discloses:
wherein the coolant circuit includes
a first flow path (section 8-3: Fig. 1) connecting the coolant heating device (fluid outlet 14 of the engine: Fig. 1) and a heating target device (oil exchanger 13.1: Fig. 1) configured to be heated by the coolant heated by the coolant heating device (fluid outlet 14 of the engine: Fig. 1), and
a second flow path connecting the tank (cooling system module 3: Fig. 2) and a first coolant cooling device configured to cool the coolant and supply the coolant (coolant fluid: Abstract) to a cooling target device (radiator 12: Fig. 1),
the lid portion (upper wall 115 and plug 61 comprising a tubular body 62 and a cover 63: Fig. 2) further includes
a second tank flow path on the front surface on the container body (first chamber 4, a second chamber 5 subdivided into two compartments 5-1 and -2 and a third chamber 6: Fig. 2) side, the second tank flow path connects the first tank flow path and the second flow path and supplies the coolant (coolant fluid: Abstract) drawn by the pump (circulation pump 7: Fig. 2) to the second flow path, and
the tank (cooling system module 3: Fig. 2) includes
a first valve mounted to the lid portion (upper wall 115 and plug 61 comprising a tubular body 62 and a cover 63: Fig. 2) and configured to cause the coolant (coolant fluid: Abstract) drawn from the pump (circulation pump 7: Fig. 2) and to be supplied to the first tank flow path to flow to at least one of the coolant heating devices or the second tank flow path.
Regarding claim 8, MERTENS disclose the tank according to claim 2, and further on MERTENS also discloses:
a coolant heating device (fluid outlet 14 of the engine: Fig. 1) mounted to the lid portion and configured to heat the coolant drawn by the pump (circulation pump 7: Fig. 2) and send the coolant (coolant fluid: Abstract) to the coolant circuit.
Please see similar limitations already annotated above in claims 2-5.
Regarding claim 9, MERTENS disclose the tank according to claim 8, and further on MERTENS also discloses:
wherein the lid portion (upper wall 115 and plug 61 comprising a tubular body 62 and a cover 63: Fig. 2) further includes a first tank flow path on a front surface on the container body side, and the first tank flow path connects the pump and the coolant heating device and supplies the coolant drawn by the pump to the coolant heating device.
Please see similar limitations already annotated above in claims 2-5.
Regarding claim 10, MERTENS disclose the tank according to claim 9, and further on MERTENS also discloses:
wherein the coolant circuit includes
a first flow path connecting the coolant heating device and a heating target device configured to be heated by the coolant heated by the coolant heating device, and
a second flow path connecting the tank and a first coolant cooling device configured to cool the coolant and supply the coolant to a cooling target device,
the lid portion (upper wall 115 and plug 61 comprising a tubular body 62 and a cover 63: Fig. 2) further includes
a second tank flow path on the front surface on the container body side, the second tank flow path connects the first tank flow path and the second flow path and supplies the coolant drawn by the pump to the second flow path, and
the tank (cooling system module 3: Fig. 2) includes
a first valve mounted to the lid portion and configured to cause the coolant drawn from the pump and to be supplied to the first tank flow path to flow to at least one of
the coolant heating device or
the second tank flow path.
Please see similar limitations already annotated above in claims 2-5.
Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
US 2024/0017605 A1 – HE [Wingdings font/0xE8] Figures 5 and 10
US 2021/0180505 A1 – Jeong [Wingdings font/0xE8] Figures 6A and 7
US 10,665,908 B2 – Krull [Wingdings font/0xE8] Figures 9-10
KR 102115927 B1 – CHO [Wingdings font/0xE8] Figures 1-2
DE 4103523 A1 – MAINZ [Wingdings font/0xE8] Figure 2
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Ruben Picon-Feliciano whose telephone number is (571)-272-4938. The examiner can normally be reached on Monday-Thursday within 11:30 am-7:30 pm ET.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Lindsay M. Low can be reached on (571)272-1196. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/RUBEN PICON-FELICIANO/Examiner, Art Unit 3747
/LINDSAY M LOW/Supervisory Patent Examiner, Art Unit 3747