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 .
Drawings
The objections to the Drawings are withdrawn in view of the amendments to
the Drawings/Figures.
Specification
The objections to the Specification are withdrawn in view of the amendments to
the Specification.
Claim Objections
The objections to the Claims 1-19 are withdrawn in view of the amendments to
the Claims 1, 4, 6, 8-11, 13-18.
Claim Rejections - 35 USC § 112
The rejection under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ) to the Claim 1 is withdrawn in view of the amendments to the Claim 1.
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.
Claims 1-3, 9-19 are rejected under 35 U.S.C. 103 as being unpatentable over BANG JOON HAK (KR-20100051022-A - hereinafter, "Bang") in view of Sakaiya et al. (US 2002/0186534 - hereinafter, "Sakaiya") in view of Matsui et al. (US 6,273,181 - hereinafter, "Matsui").
With respect to Claim 1, Bang teaches (in Figure 2)
Electronic control unit (ECU) rack (100) for use in a vehicle (vehicle, see Figure 2), configured for receiving a plurality of ECU modules (110+120+130+140+150+160),
each ECU module (110+120+130+140+150+160) comprising
at least one electronic connector (integrating structure of the ECU modules (110+120+130+140+150+160) that integrate with the ECU rack (100), see page 4, 5th and 6th paragraph of the provided translation, “the bonnet module 110 is provided with a rack (rack, 100) that can be mounted by integrating a plurality of electronic control units”);
said ECU rack (100) comprising a housing (housing of (100)) comprising a plurality of electronic connector elements (integrating structure of the ECU rack (100) that is within the bonnet module (110), see page 4, 5th and 6th paragraph of the provided translation, “the bonnet module 110 is provided with a rack (rack, 100) that can be mounted by integrating a plurality of electronic control units”) and a plurality of module holding members (mounting structure of the ECU rack (100) that is within the bonnet module (110), see page 4, 5th and 6th paragraph of the provided translation, “the bonnet module 110 is provided with a rack (rack, 100) that can be mounted by integrating a plurality of electronic control units”),
each module holding member (mounting structure of the ECU rack (100) that is within the bonnet module (110), see page 4, 5th and 6th paragraph of the provided translation, “the bonnet module 110 is provided with a rack (rack, 100) that can be mounted by integrating a plurality of electronic control units”) being configured for holding an ECU module (one of the ECU modules (110+120+130+140+150+160)) in position in a corresponding ECU module volume (area or space that is taken up by one of the plurality of ECU modules (110+120+130+140+150+160)) with an electronic connector (integrating structure of the ECU modules (110+120+130+140+150+160) that integrate with the ECU rack (100)) of said ECU module (one of the ECU modules (110+120+130+140+150+160)) connected to an electronic connector element (integrating structure of the ECU rack (100) that is within the bonnet module (110)) of said ECU rack (100);
said module holding members (mounting structure of the ECU rack (100) that is within the bonnet module (110)) being arranged side by side (see Figure 2, each ECU modules is arranged side by side, thus the module holding members of the ECU rack (100) is arranged to be side by side as well) so as to form intermediate spaces (see Figure 2, area or space between each ECU module (110+120+130+140+150+160)) between neighbouring ECU module volumes (area or space that is taken up by one of the plurality of ECU modules (110+120+130+140+150+160)).
Bang fails to specifically teach or suggest ECU module comprising a fluid tight enclosure extending a length along a longitudinal axis of said ECU module and enclosing electronics of said ECU module at least along said length; and wherein said ECU rack comprises a fluid inlet arrangement configured for receiving a cooling fluid from an exterior of said ECU rack and for distributing said cooling fluid to said intermediate spaces; and a fluid outlet arrangement configured for draining said cooling fluid from said intermediate spaces to the exterior of said ECU rack; wherein the ECU rack is configured for sealingly receiving said fluid tight enclosures when said at least one electronic connectors of said plurality of ECU modules are coupled to said plurality of electronic connector elements, so as to fluidly seal said intermediate spaces from said at least one electronic connectors of said plurality of ECU modules when positioned in the ECU rack.
Sakaiya, however, teaches (in Figure 1) wherein an electronic rack (1) comprises a fluid inlet arrangement (see Figure 1, inlet) configured for receiving a cooling fluid (air) from an exterior of said electronic rack (1) and for distributing said cooling fluid (air) to an intermediate spaces (area or space between each electronic module (2)); and a fluid outlet arrangement (see Figure 2, outlet) configured for draining said cooling fluid (air) from said intermediate spaces (area or space between each electronic module (2)) to the exterior of said electronic rack (1); wherein the electronic rack (1) is configured for sealingly receiving (see Figure 2, air enters and exits from the inlet and outlet and is contained within electronic rack (1) otherwise) the enclosures (enclosure of electronic module (2)) when at least one electronic connectors (receiving structure of the electronic modules (2), in abstract, “An electronic apparatus receiving therein a plurality of electronic equipments, each of which has heat generating electronic parts and which are spaced from one another”) of a plurality of electronic modules (2) are coupled to a plurality of electronic connector elements (receiving structure of the electronic rack (1)), so as to fluidly seal said intermediate spaces (area or space between each electronic module (2)) from said at least one electronic connectors ((receiving structure of the electronic modules (2)) of said plurality of electronic modules (2) when positioned in the electronic rack (1).
It would have been obvious to a person having ordinary skill in the art at the time before effective filing date of the claimed invention, to combine the teachings of Sakaiya with Bang, such that an electronic rack comprises a fluid inlet arrangement configured for receiving a cooling fluid from an exterior of said electronic rack and for distributing said cooling fluid to an intermediate spaces; and a fluid outlet arrangement configured for draining said cooling fluid from said intermediate spaces to the exterior of said electronic rack; wherein the electronic rack is configured for sealingly receiving the enclosures when at least one electronic connectors of a plurality of electronic modules are coupled to a plurality of electronic connector elements, so as to fluidly seal said intermediate spaces from said at least one electronic connectors of said plurality of electronic modules when positioned in the electronic rack as taught by Sakaiya since doing so would improve the longevity of the ECU modules of Bang by dissipating the heat generated by the ECU modules by efficiently radiating the heat of the plurality of ECU modules. (in paragraph [0028])
With respect to the limitation requiring ECU module comprising a fluid tight enclosure extending a length along a longitudinal axis of said ECU module and enclosing electronics of said ECU module at least along said length.
Matsui teaches (in Figure 1) an ECU module (10) comprising a fluid tight enclosure (20+11) extending a length (vertical length, see Figure 1) along a longitudinal axis (vertical axis, see Figure 1) of said ECU module (10) and enclosing electronics (17+17a) of said ECU module (10) at least along said length (see Figure 3).
It would have been obvious to a person having ordinary skill in the art at the time before effective filing date of the claimed invention, to combine the teachings of Matsui with Bang, such that an ECU module comprising a fluid tight enclosure extending a length along a longitudinal axis of said ECU module and enclosing electronics of said ECU module at least along said length as taught by Matsui since doing so would prevent dust, water or the like from the electronics of the ECU modules of Bang while improving the heat dissipation performance. (in column 1, lines 40-44)
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With respect to Claim 2, Bang as modified by Sakaiya as modified by Matsui teaches the limitations of Claim 1 as per above, Bang further teaches (in Figure 2)
wherein said ECU rack (100) is configured such that said intermediate spaces (see Figure 2, area or space between each ECU module (110+120+130+140+150+160)) are separated from each other by said ECU module volumes (area or space that is taken up by one of the plurality of ECU modules (110+120+130+140+150+160)).
With respect to Claim 3, Bang as modified by Sakaiya as modified by Matsui teaches the limitations of Claim 1 as per above, Bang further teaches (in Figure 2)
wherein for at least one, preferably all of said intermediate spaces (area or space between each electronic module (2) as taught by Sakaiya in Claim 1 as per above),
said fluid inlet arrangement (see Figure 1 of Sakaiya, inlet, as taught by Sakaiya in Claim 1 as per above) comprises an inlet (inlet) to said intermediate space (area or space between each electronic module (2) as taught by Sakaiya in Claim 1 as per above), and
said fluid outlet arrangement (see Figure 1 of Sakaiya, outlet, as taught by Sakaiya in Claim 1 as per above) comprises an outlet (outlet) from said intermediate space (area or space between each electronic module (2) as taught by Sakaiya in Claim 1 as per above).
With respect to Claim 9, Bang as modified by Sakaiya as modified by Matsui teaches the limitations of Claim 1 as per above, Bang further teaches (in Figure 2)
wherein said ECU rack (100) configured for sealingly receiving (see Figure 2 of Sakaiya, air enters and exits from the inlet and outlet and is contained within electronic rack (1) otherwise, as taught by Sakaiya in Claim 1 as per above) said fluid tight enclosures (20+11, as taught by Matsui in Claim 1 as per above) of said plurality of ECU modules (110+120+130+140+150+160).
Bang fails to specifically teach or suggest sealing members.
Matsui, however, teaches (in Figure 1) sealing members (19a).
It would have been obvious to a person having ordinary skill in the art at the time before effective filing date of the claimed invention, such that sealing members as taught by Matsui since doing so would ensure the electronic connector of the ECU Module is cover and sealed to prevent dust, water or the like from the ECU module of Bang. (in column 2, lines 55-61)
With respect to Claim 10, Bang as modified by Sakaiya as modified by Matsui teaches the limitations of Claim 9 as per above, Matsui further teaches (in Figure 1)
wherein each sealing member (19a) is arranged to surround a respective electronic connector element (33+31) of the plurality of electronic connector elements (33+31).
It would have been obvious to a person having ordinary skill in the art at the time before effective filing date of the claimed invention, such that each sealing member is arranged to surround a respective electronic connector element of the plurality of electronic connector elements as taught by Matsui since doing so would ensure the electronic connector of the ECU Module is cover and sealed to prevent dust, water or the like from the ECU module of Bang. (in column 2, lines 55-61)
With respect to Claim 11, Bang as modified by Sakaiya as modified by Matsui teaches the limitations of Claim 9 as per above, Matsui further teaches (in Figure 1)
wherein each sealing member (19a) is arranged to surround the corresponding ECU module volume (a connector portion (19) of the ECU module) at a location (sealed location of the ECU module, location of where the connecter (19) and the sealing member (19a) and electronic connector element (33+31) are in the fluid tight enclosure (20+11)) of the fluid tight enclosure (20+11) of said ECU module (10) when present in said ECU module volume (a connector portion (19) of the ECU module).
It would have been obvious to a person having ordinary skill in the art at the time before effective filing date of the claimed invention, such that each sealing member is arranged to surround an ECU module volume at a location of the fluid tight enclosure of an ECU module when present in said ECU module volume as taught by Matsui since doing so would ensure the electronic connector of the ECU Module is cover and sealed to prevent dust, water or the like from the ECU module of Bang. (in column 2, lines 55-61)
With respect to Claim 12, Bang as modified by Sakaiya as modified by Matsui teaches the limitations of Claim 1 as per above, Bang further teaches (in Figure 2)
wherein a length of said ECU module volume as seen along a direction between said fluid inlet arrangement and said fluid outlet arrangement is greater than a length of said ECU module volume between two intermediate spaces.
With respect to Claim 13, Bang as modified by Sakaiya as modified by Matsui teaches the limitations of Claim 1 as per above, Bang further teaches (in Figure 2)
comprising the plurality of ECU modules (110+120+130+140+150+160, as taught by Bang in Claim 1 as per above).
With respect to Claim 14, Bang as modified by Sakaiya as modified by Matsui teaches the limitations of Claim 1 as per above, Matsui further teaches (in Figure 1)
wherein said fluid tight enclosure (20+11) of each ECU module (10) is formed by a heat conductive material (aluminum, in column 2, lines 43-47, “a case 11 made by aluminum die casting”).
It would have been obvious to a person having ordinary skill in the art at the time before effective filing date of the claimed invention, such that said fluid tight enclosure of each ECU module is formed by a heat conductive material as taught by Matsui since doing so would improve heat dissipation by using material with higher the thermal conductivity to transfer heat away from the heat generating electronics.
With respect to Claim 15, Bang as modified by Sakaiya as modified by Matsui teaches the limitations of Claim 1 as per above, Bang further teaches (in Figure 2)
ECU arrangement in a vehicle comprising the ECU rack in accordance with claim 1 (as taught by Bang in view of Sakaiya in view of Matsui in Claim 1 as per above), wherein said fluid inlet arrangement (see Figure 1 of Sakaiya, as taught by Sakaiya in Claim 1 as per above) is arranged in communication with said cooling fluid (air, as taught by Sakaiya in Claim 1 as per above).
With respect to Claim 16, Bang as modified by Sakaiya as modified by Matsui teaches the limitations of Claim 1 as per above, Sakaiya further teaches (in Figure 1)
wherein said fluid inlet arrangement (see Figure 1, inlet) is configured for distributing said cooling fluid (air) to said intermediate spaces (area or space between each electronic module (2)) in a vertical direction (see Figure 1); and
said fluid outlet arrangement (see Figure 1, outlet) is configured for draining said cooling fluid (air) from said intermediate spaces (area or space between each electronic module (2)) in a vertical direction (see Figure 1).
It would have been obvious to a person having ordinary skill in the art at the time before effective filing date of the claimed invention, such that said fluid inlet arrangement is configured for distributing said cooling fluid to said intermediate spaces in a vertical direction; and said fluid outlet arrangement is configured for draining said cooling fluid from said intermediate spaces in a vertical direction as taught by Sakaiya since doing so would ensure the flow path the cooling fluid effectively dissipates the heat generated by the ECU modules of Bang by increasing the amount of the contact surface interaction of the cooling fluid flowing. (in paragraph [0028])
With respect to Claim 17, Bang as modified by Sakaiya as modified by Matsui teaches the limitations of Claim 1 as per above, Bang further teaches (in Figure 2)
A vehicle (vehicle, see Figure 2) comprising the ECU rack (100) in accordance with claim 1 (as taught by Bang in view of Sakaiya in view of Matsui in Claim 1 as per above)
With respect to Claim 18, Bang as modified by Sakaiya as modified by Matsui teaches the limitations of Claim 1 as per above, Bang further teaches (in Figure 2)
ECU module (10 as taught by Matsui in Claim 1 as per above) comprising a fluid tight enclosure (20+11 as taught by Matsui in Claim 1 as per above) extending a length along a longitudinal axis of said ECU module (10 as taught by Matsui in Claim 1 as per above, see Figure 1 of Matsui) and enclosing electronics of said ECU module (10 as taught by Matsui in Claim 1 as per above) at least along said length; and at least one electronic connector (integrating structure of the ECU modules (110+120+130+140+150+160) that integrate with the ECU rack (100), as taught by Bang in Claim 1 as per above); said ECU module (10 as taught by Matsui in Claim 1 as per above) being configured to be sealingly (as taught by Sakaiya in Claim 1 as per above) received in an housing (housing of ECU rack (100)) of the ECU rack (100) according to claim 1 (as taught by Bang in view of Sakaiya in view of Matsui in Claim 1 as per above).
With respect to Claim 19, Bang as modified by Sakaiya as modified by Matsui teaches the limitations of Claim 1 as per above, Matsui further teaches (in Figure 1)
comprising a sealing (32), arranged to said fluid tight enclosure (20), the sealing (30) preferably extending continuously around said electronic connector (33+31).
It would have been obvious to a person having ordinary skill in the art at the time before effective filing date of the claimed invention, such that a sealing, arranged to said fluid tight enclosure, the sealing preferably extending continuously around said electronic connector as taught by Matsui since doing so would ensure dust, water or the like from entering the fluid tight enclosure through the electronic connector. (in column 1, lines 53-58)
Claims 4-8 are rejected under 35 U.S.C. 103 as being unpatentable over Bang in view of Sakaiya in view of Matsui in view of Cronin et al. (US 4,337,499 - hereinafter, "Cronin").
With respect to Claim 4, Bang as modified by Sakaiya as modified by Matsui teaches the limitations of Claim 1 as per above, but fails to specifically teach or suggest the limitations of Claim 4.
Cronin, however, teaches (in Figure 3-4) wherein a housing (housing of rack (10)) comprises a back side panel (54) comprising plurality of electronic connector elements (56), and two opposing side panels (top panel and bottom panel of rack (10), see Figure 3-4).
It would have been obvious to a person having ordinary skill in the art at the time before effective filing date of the claimed invention, to combine the teachings of Cronin with Bang, such that a housing comprises a back side panel comprising electronic connector elements, and two opposing side panels as taught by Cronin since doing so would allow the ECU rack of Bang to have a backplane that permits automatic wiring for the ECU modules of Bang within the space limitations (in column 1, lines 18-20)
With respect to Claim 5, Bang as modified by Sakaiya as modified by Matsui as modified by Cronin teaches the limitations of Claim 4 as per above, Bang in view of Sakaiya further teaches (in Figure 1)
wherein said fluid inlet arrangement (inlet, see Figure 1, as taught by Sakaiya in Claim 1 as per above) and said fluid outlet arrangement (outlet, see Figure 1, as taught by Sakaiya in Claim 1 as per above) are each arranged to one of said two opposing side panels (see Figure 1, as taught by Sakaiya in Claim 1 as per above).
With respect to Claim 6, Bang as modified by Sakaiya as modified by Matsui as modified by Cronin teaches the limitations of Claim 4 as per above, Cronin further teaches (in Figure 3-4)
wherein said two opposing side panels (top panel and bottom panel of rack (10), see Figure 3-4) comprises said plurality of module holding members (40+41+44+46+48).
It would have been obvious to a person having ordinary skill in the art at the time before effective filing date of the claimed invention, such that said side panels comprises said module holding members as taught by Cronin since doing so would allow the ECU modules of Bang to be properly secured (in column 5, lines 5-19)
With respect to Claim 7, Bang as modified by Sakaiya as modified by Matsui teaches the limitations of Claim 1 as per above, but fails to specifically teach or suggest the limitations of Claim 7.
Cronin, however, teaches (in Figure 3-4) wherein each module holding member (40+41+44+46+48) comprises two opposing holding elements (40 and 44).
It would have been obvious to a person having ordinary skill in the art at the time before effective filing date of the claimed invention, to combine the teachings of Cronin with Bang, such that each module holding member comprises two opposing holding elements as taught by Cronin since doing so would allow the ECU modules of Bang to be properly secured (in column 5, lines 5-19)
With respect to Claim 8, Bang as modified by Sakaiya as modified by Matsui as modified by Cronin teaches the limitations of Claim 7 as per above, Cronin further teaches (in Figure 3-4)
wherein one of the two opposing holding element (40 and 44) is arranged on each of said one of the two opposing side panels (in column 5, lines 26-31) of said housing (housing of rack (10)).
It would have been obvious to a person having ordinary skill in the art at the time before effective filing date of the claimed invention, such that one holding element is arranged on each of said opposing side panels as taught by Cronin since doing so would ensure the ECU modules of Bang are properly secure and the ECU rack of Bang can properly close. (in column 5, lines 22-31)
Response to Arguments
Applicant's arguments filed 12/29/2025 have been fully considered but they are not persuasive.
With respect to Applicant’s remark to Claim 1
“The claims recite "holding members being arranged side by side so as to form intermediate spaces between neighbouring ECU module volumes" and "the ECU rack is configured for sealingly receiving said enclosures when said electronic connectors of said ECU modules are coupled to said electronic connector elements, so as to fluidly seal said intermediate spaces from said electronic connectors of said ECU modules when positioned in the ECU rack."
At least these claim elements in the claimed combination are not described in the cited references.
The office action alleges that Bang in fig. 2 discloses ECU modules which are arranged side by side so as to form intermediate spaces. Fig. 2 of Bang is merely a schematic view of a system. This is for example mentioned in the description by the following (machine translation):"Accordingly, the shape and size of the elements in the drawings and the like can be exaggerated for clarity. FIG. 2 is a diagram for explaining a HILS system according to the present invention." (Present remarks on page 10-11) The Examiner respectfully disagrees.
Bang’s teaches on Page 3, 10th paragraph to page 4, 6th paragraph recites
“2 is a view for explaining the HILS system according to the present invention.
As shown in FIG. 2, the HILS system according to the present invention includes various hardware modules, and these hardware modules are Bonnet module 10, an instrument module 20, and a seat module by location or function. Six modules may be classified into a seat module 30, a rear module 40, a left door module 50, and a right door module 60…
Each of the hardware modules described above is controlled by the corresponding electronic control units 110 to 160…
The first to sixth electronic control units 110 to 160 are all mounted on any one of the six hardware modules described above, wherein the first to sixth electronic control units 110 to 160 are bonnet modules. It is effective to mount all to (10).
When the plurality of electronic control units 110 to 160 are mounted on the bonnet module 110, it is easy for a developer or an operator to open the bonnet of the vehicle and grasp a plurality of electronic control units at a glance, so that the maintenance and repair are possible. , And management can be performed efficiently.
To this end, the bonnet module 110 is provided with a rack (rack, 100) that can be mounted by integrating a plurality of electronic control units.”
Bang’s Figure 2 may be exaggerated on size and shape but the configuration as show is not exaggerated, the configuration comprising a rack, wherein “the plurality of electronic control units 110 to 160 are mounted on the bonnet module 110” and “the bonnet module (110) is provided with a rack (rack, 100)”, which allows for “easy for a developer or an operator to open the bonnet of the vehicle and grasp a plurality of electronic control units at a glance, so that the maintenance and repair are possible”.
With respect to Applicant’s further remark to Claim 1
“Hence, the spaces between the ECU modules 110-160 as depicted in fig. 2 cannot be considered as intermediate spaces as defined in claim 1, i.e., the spaces cannot be considered as intermediate spaces through which fluid is arranged to flow. In fact, Bang is completely silent about any type of fluid flow for cooling the ECU modules, in particular by a flow through intermediate spaces as defined in claim 1.” (Present remarks on page 11) The Examiner respectfully disagrees.
In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
With respect to Applicant’s further remark to Claim 1
“In addition, Sakaiya does not disclose or suggest the following of claim 1:"the ECU rack is configured for sealingly receiving said enclosures when said electronic connectors of said ECU modules are coupled to said electronic connector elements, so as to fluidly seal said intermediate spaces from said electronic connectors of said ECU modules when positioned in the ECU rack."
Sakaiya discloses in [0024] that "the front panel 14 is generally provided with connectors". However, Sakaiya is completely silent about fluidly sealing the intermediate spaces from the electronic connectors. On the contrary, fig. 2 appears to show that the connectors on the front panels are provided inside the space where the fluid flows.” (Present remarks on page 11-12) The Examiner respectfully disagrees.
Sakaiya teaches the limitation “the ECU rack is configured for sealingly receiving said enclosures when said electronic connectors of said ECU modules are coupled to said electronic connector elements, so as to fluidly seal said intermediate spaces from said electronic connectors of said ECU modules when positioned in the ECU rack”, due to the limitation reciting “the ECU rack is configured for” stating a “configured to/for” language, Sakaiya’s electronic rack (1) is not required to “sealingly receiving said enclosures when said electronic connectors of said ECU modules are coupled to said electronic connector elements, so as to fluidly seal said intermediate spaces from said electronic connectors of said ECU modules when positioned in the ECU rack” but capable of meeting the limitation “for sealingly receiving said enclosures when said electronic connectors of said ECU modules are coupled to said electronic connector elements, so as to fluidly seal said intermediate spaces from said electronic connectors of said ECU modules when positioned in the ECU rack”.
With respect to Applicant’s further remark to Claim 1
“The cited art Matsui discloses a completely different design compared to the designs in Bang and Sakaiya. In Matsui, one single ECU 10 is provided inside dedicated casing, i.e., with a main body 21 of a housing box 20 accommodating a case 11 of ECU 10. An air passage is provided inside the housing box 20. Matsui does not disclose or suggest how an ECU rack with a plurality of ECU modules arranged side by side with intermediate spaces therebetween could be arranged so as to fluidly seal the intermediate spaces from the electronic connectors of the ECU modules when positioned in the ECU rack. Rather, Matsui relates to an arrangement for one single ECU, and its specific design is incompatible with an ECU rack configuration.
In embodiments of the present invention, the sensitive parts of the ECU modules may be sealed from the flow of cooling fluid through the intermediate spaces. The sealing is formed to hinder contaminants in the cooling fluid from reaching the electronic connectors of the ECU modules or the electronic connector elements of the ECU rack.
When determining whether a claim is obvious, an examiner must make "a searching comparison of the claimed invention - including all its limitations - with the teaching of the prior art." In re Ochiai, 71 F.3d 1565, 1572 (Fed. Cir. 1995) (emphasis added). Thus, "obviousness requires a suggestion of all limitations in a claim." CFMT, Inc. v. Yieldup Intern.Corp., 349 F.3d 1333, 1342 (Fed. Cir. 2003) (citing Inre Royka, 490 F.2d 981, 985 (CCPA 1974)).
A prior art reference must be considered in its entirety, i.e., as a whole, including portions that would lead away from the claimed invention. W.L. Gore & Assoc., Inc. v. Garlock, Inc., 721 F.2d 1540, 220 USPQ 303 (Fed. Cir. 1983), cert. denied, 469 U.S. 851 (1984). A reference teaches away "when a person of ordinary skill, upon reading the reference, would be discouraged from following the path set out in the reference, or would be led in a direction divergent from the path that was taken" in the claim. Galderma Labs., L.P. v. Tolmar, Inc., 737 F.3d 731, 738 (Fed.Cir. 2013).” (Present remarks on page 12-13) The Examiner respectfully disagrees
In response to applicant's argument that "When determining whether a claim is obvious, an examiner must make "a searching comparison of the claimed invention - including all its limitations - with the teaching of the prior art" and "A prior art reference must be considered in its entirety, i.e., as a whole, including portions that would lead away from the claimed invention ", the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981).
In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
Conclusion
THIS ACTION IS MADE FINAL. 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.
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/S.N./Examiner , Art Unit 2835
/Jayprakash N Gandhi/Supervisory Patent Examiner, Art Unit 2835