DETAILED ACTION
Claim Rejections - 35 USC § 112
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 21-22 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.
These claims recite limitations related to “the housing” which has no antecedent basis.
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) 1-2, 5-7, 10-11, and 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim (US 2023/0052320) in view of EP 997330 (‘330).
Regarding claim 1, Kim teaches a distribution device for a thermal management system comprising: a component configured to handle a heat exchange fluid (120 or 140); an extinguisher valve (assembly of 310, 320, 130) connected with the component so that the heat exchange fluid can flow therebetween; the fluid is a fire suppressant (Para. [0072]); the extinguisher valve is configured to selectively release the heat exchange fluid into ambient (through 200 via 240); the component may comprise a heat exchanger (120 or 140) with the extinguisher valve connected directly upstream (of 140) or downstream (120) of the heat exchanger; the device has multiple inlets and outlets (each element 120, 130, 140 has at least one inlet and one outlet); the extinguisher valve includes a diverter (e.g. 325) configured to assume a position (Fig. 7) in which the diverter partly enables flow to an outlet fluid line so that the heat exchange fluid is expanded while passing through the outlet fluid line (see Fig. 7).
Kim does not specify that the refrigerant is CO2.
‘330 teaches that CO2 is a commonly used refrigerant in vehicular operations and it is known to utilize its fire suppressant qualities in emergencies directly from the cooling system including release to the ambient to suppress a fire by directing the coolant at the fire (Fig. 1; 20a; “Since the carbon dioxide gas (CO.sub.2 gas) has a high fire-extinguishing ability, the fragile portion is preferably formed in the vicinity of an area in the engine room where a fire tends to be induced. More preferably, the fragile portion is faced to such area.”).
It would have been obvious to one of ordinary skill to utilize CO2 in the device of Kim as it is a well-known coolant with the desired properties, per ‘330.
Kim further teaches that: the fluid is released in a specific direction (at 210), per claim 2; the component includes an accumulator for the heat exchange fluid (150), per claim 5; the component includes a plate heat exchanger (120 or 140), per claim 6; the extinguisher valve includes a housing with a housing inlet (all of the inlets to 130) and an extinguisher outlet (e.g. 324) for egressing the fluid to the ambient (see Para. [0059]), per claim 7; the extinguisher outlet directs the egressed heat exchange fluid away from the distribution device (see Fig. 7), per claim 10; an outlet fluid line (e.g. 230) configured to convey the fluid downstream from the distribution device, per claim 11.
Regarding claim 18, Kim teaches a distribution device for a thermal management system comprising: a component configured to handle a heat exchange fluid (100); an extinguisher valve (assembly of 310, 320, 130) connected with the component so that the heat exchange fluid can flow therebetween; the fluid is a fire suppressant (Para. [0072]); the extinguisher valve is configured to selectively release the heat exchange fluid into ambient (via 230); the component may be a heat exchanger (120 or 140) with the extinguisher valve mounted directly upstream (of 140) or downstream (of 120); the extinguisher valve includes a diverter (e.g. 325) configured to assume a position (Fig. 7) in which the diverter partly enables flow to an outlet fluid line so that the heat exchange fluid is expanded while passing through the outlet fluid line (see Fig. 7).
Kim does not specify that the refrigerant is CO2.
‘330 teaches that CO2 is a commonly used refrigerant in vehicular operations and it is known to utilize its fire suppressant qualities in emergencies directly from the cooling system including release to the ambient to suppress a fire by directing the coolant at the fire (Fig. 1; 20a; “Since the carbon dioxide gas (CO.sub.2 gas) has a high fire-extinguishing ability, the fragile portion is preferably formed in the vicinity of an area in the engine room where a fire tends to be induced. More preferably, the fragile portion is faced to such area.”).
It would have been obvious to one of ordinary skill to utilize CO2 in the device of Kim as it is a well-known coolant with the desired properties and to aim it at a heat source (fire), per ‘330.
Regarding claims 19-20, Kim further teaches that the heat source is a battery (210)
Claim(s) 8 and 12-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim in view of ‘330 and Hamada (US 2022/0090700).
Regarding claims 8 and 12-17, the extinguisher valve of Kim (“valve” in Fig. 1) is a three-way expansion valve (see Para. [0059]) but does not have its internal mechanisms discussed.
Hamada teaches that three-way expansion valves (see Fig. 4) may include a diverter configured to assume any rotational position (i.e. any degree orientation from 0-360; see Para. [0100] and Fig. 4) including fully or partially blocking two outlets (114a and 114b) or all inlets and outlets (i.e. when the opening 161a is aligned with 114c); this includes a first position in which the diverter prevents flow between the inlet and one of the outlets (corresponding to the extinguisher outlet; i.e. when 161a is not aligned with 114a), per claim 12; a second position enabling flow with the outlet (corresponding to the extinguisher outlet; i.e. when 161 is aligned with 114a), per claim 13; a third position enabling flow between the inlet and a different outlet (corresponding to the housing outlet, i.e. connected to 150 in Fleming; when 161a is aligned with 114b in Hamada) and preventing flow through the one outlet (e.g. Fig. 4), per claim 14; a fourth position partly enabling flow between the inlet and different outlet (corresponding to the housing outlet in Fleming) and preventing flow to the one outlet (extinguisher outlet in Fleming; position is slightly more rotated counterclockwise than the range W1 in Fig. 4), per claim 15; in the first position of claim 12 above the diverter prevents flow between the two outlets (e.g. Fig. 4), per claim 16; in the second position of claim 13 above the diverter prevents flow between the inlet and housing outlet (fully closes off the housing outlet, i.e. the opening 161a is completely aligned with 114a; see Fig. 4), per claim 17; furthermore, the device of Hamada is a rotary type valve (Fig. 4), per claim 8.
It would have been obvious to one of ordinary skill to provide the device of Kim with the valve of Hamada, as the details of construction of such a valve were left entirely to one of ordinary skill.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim in view of ‘330 and Pereira (US 2015/0075212).
Kim, as modified, does not specify the mechanisms of the valve (“valve” in Fig. 1).
Pereira teaches that such three-way valves are known to be rectilinear (see Figs. 2-4).
It would have been obvious to form the valve in Kim in any manner known in the art, including rectilinearly a la Pereira, as such decisions have been left entirely to one of ordinary skill by Kim.
Response to Arguments
Applicant's arguments filed 5/18/26 have been fully considered but they are not persuasive.
The newly added limitations have been addressed above.
The applicant’s assertions that it would have been outside the ordinary skill to utilize the valve of Hamada with commonplace refrigerants such as CO2 is presented as a mere assertion without backing evidence and does not meet the standards of an argument under 37 CFR 1.111(b).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Devon Lane whose telephone number is (571)270-1858. The examiner can normally be reached M-Th, 9-4.
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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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/DEVON LANE/ Primary Examiner, Art Unit 3763
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