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 .
Response to Amendment
This Final Office Action is in response to Applicant’s Remarks/Amendments filed on 28 November, 2025. The amendments have been entered.
Disposition of Claims
Claims 1, 3-4, 6-11, 13-14, 31, 36-39, 41-42, 65, and 67 remain pending.
Claims 2, 5, 12, 15-30, 32-35, 40, 43-64, 66, and 68-70 have been cancelled.
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.
Claims 1, 13, 14, and 31 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by ISRAELSOHN (US 2013/0129327 A1, from the IDS – published 23 May, 2013).
As to claim 1, ISRAELSOHN discloses an electric vehicle([0037], in view of [0003]-[0004]) comprising a series of vehicle components([0019]) and a system(Fig. 1-3) for heating the vehicle components([0019]), the system comprising:
one or more cells(116) for retaining a fluid, each cell including one or more electrode pairs( the top 116a and the bottom 116a) positioned therein (the cell is the entire space from 116a to 116 to 116b, see Fig. 3);
the one or more cells arranged along a flow path including an inlet to and an outlet from the one or more cells (see Fig. 3);
a controller (141) configured to:
regulate the flow of the fluid from the inlet to the one or more cells( via device 104);
determine at the one or more cells an electrical conductivity or specific conductance, of the fluid( a voltage to apply from an external power source Q1 located outside of the vehicle) across the one or more electrode pairs at a current sufficient to heat the fluid therein ([0058]); and
pass the current from the one or more electrode parts to the fluid to produce a heated fluid ([0061]), wherein the heated fluid transfers heat to the one or more vehicle components (a pipe for example [0052] and/or air [0037]) via the outlet;
wherein requirements of the system are adapted to change dynamically, according to a thermodynamic load of the vehicle components ([0037], or example, with regards to air heating of the air supplied to the passenger cabin and/or the vehicle component, 22, which receives heat from the heating system), based on inputs provided to the controller ([0037]-[0038], wherein inputs include the activation/request of heating, in addition to the continual input of measured temperatures to determine operation of the heating system); and
wherein the one or more cells for retaining the fluid are in proximity to the vehicle components (being apart of the same vehicle provides “proximity” to the vehicle components, in addition to Fig. 1, at least, wherein the one or more cells are proximate to the heat exchanger, 22, and/or the airflow provided by the A/C system, as shown in Fig. 1 and 3).
As to claim 13, ISRAELSOHN discloses wherein the controller is further configured to determine the electrical conductivity, or specific conductance of the fluid and thereby determine the voltage to apply across the one or more electrode pairs continuously ([0037]-[0038]).
As to claim 14, ISRAELSOHN discloses wherein the one or more electrode pairs are segmented into two or more segments, each segment being configured to individually apply voltage by the controller (Fig. 3).
As to claim 31, ISRAELSOHN discloses including a pump (26; [0048] and [0050]-[0051]) providing pressurized fluid in thermal communication with the vehicle components ([0016],[0048],and [0050]-[0051]; Fig. 1)
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.
Claims 3, 4, 6-11, 36-39, 41, 42, 65, and 67 are rejected under 35 U.S.C. 103 as being unpatentable over ISRAELSOHN (US 2013/0129327 A1, from the IDS – published 23 May, 2013)
As to claim 3, ISRAELSOHN discloses the electric vehicle (see rejection of claim 1) which includes a series of vehicle components and the system for heating a vehicle component, such that it would have been a matter of design choice for the component to be any of the recited components. In addition, ISRAELSON more specifically includes a high voltage battery ([0016], [0019], [0050]), and a heating, ventilation, and air conditioning (HVAC) system ([0037] and [0051]).
As to claims 4, ISRAELSOHN teaches various fluids ([0017]), wherein providing “wherein the specific conductance of the fluid is greater than that of water” would have involved a mere change in the fluid used in the device, and the device will still carry out its intended functions with the fluid. See MPEP § 2144.07.
As to claim 6, ISRAELSOHN teaches various fluids ([0017]), wherein providing “wherein the fluid includes a water and ethylene glycol mixture” would have involved a mere change in the fluid used in the device, and the device will still carry out its intended functions with the fluid. See MPEP § 2144.07.
As to claim 7, ISRAELSOHN further teaches wherein the controller would remain capable in monitoring properties of the mixture including(see rejection of claim 6) ethylene glycol quality or water and ethylene glycol mixture concentration ([0032], [0040], [0056],[0058]-[0059]). See MPEP § 2114 – II.
As to claim 8, ISRAELSOHN further teaches wherein the controller would remain capable in monitoring properties of the mixture including(see rejection of claim 6) ethylene glycol quality or water and ethylene glycol mixture concentration by measuring the electric current drawn by the mixture ([0032], [0040], [0056],[0058]-[0059]). See MPEP § 2114 – II.
As to claim 9, ISRAELSOHN further teaches wherein the controller would remain capable in monitoring ethylene glycol quality or water and ethylene glycol mixture concentration(see rejection of claim 6) to maintain the desired thermal conductivity of the mixture ([0032], [0040], [0056],[0058]-[0059]).
As to claim 10, ISRAELSOHN further teaches wherein the controller is configured to maintain control over the thermal conductivity of the mixture by monitoring([0032], [0040], [0056],[0058]-[0059]) the ethylene glycol quality or water and ethylene glycol mixture concentration(see rejection of claim 6).
As to claim 11, ISRAELSOHN further teaches wherein the controller is configured to maintain control over the thermal conductivity of the mixture(see rejection of claim 6; ([0032], [0040], [0056],[0058]-[0059])), such that it would have been obvious to one having ordinary skill in the art at the time the invention was made the controller is configured to manage the thermal conductivity of the fluid thereby ensuring an optimum operating temperature of the one or more vehicle components is maintained, as the intended use of ISRAELSOHN is to provide a desired amount of heating to vehicle components([0016], [0019], [0037], [0050] and [0051]).
As to claim 36, ISRAELSOHN discloses a method for heating a vehicle component, the method comprising the steps of:
providing an electrical connection to a high voltage battery (([0016], [0019], [0050]; Fig. 2 and 3; 124),
providing one or more cells(116) for retaining a fluid, each cell including one or more electrode pairs( the top 116a and the bottom 116a) positioned therein (the cell is the entire space from 116a to 116 to 116b, see Fig. 3);
arranging the one or more cells arranged along a flow path including an inlet to and an outlet from the one or more cells (see Fig. 3);
determining at the one or more cells the electrical conductivity, or specific conductance, of the fluid( a voltage to apply from an external power source Q1 located outside of the vehicle) to apply from the high voltage battery, across the one or more electrode pairs at a current sufficient to heat the fluid therein ([0058]); and
passing the current from the one or more electrode parts to the fluid to produce a heated fluid ([0061]), wherein the heated fluid transfers heat to the one or more vehicle components (a pipe for example [0052] and/or air [0037]) via the outlet; and
dynamically changing requirements for heating the one or more vehicle components according to a thermodynamic load of the vehicle components ([0037], or example, with regards to air heating of the air supplied to the passenger cabin and/or the vehicle component, 22, which receives heat from the heating system), based on inputs provided to a controller ([0037]-[0038], wherein inputs include the activation/request of heating, in addition to the continual input of measured temperatures to determine operation of the heating system).
Furthermore, in view of ISRAELSOHN providing an electrical vehicle, it would have been obvious to one having ordinary skill in the art that the vehicle has a high voltage battery being used to at least partially for vehicle propulsion, so as to provide propulsion to the vehicle (intended operation of a vehicle to move from one place to another, at least).
As to claim 37, ISRAELSON, further teaches wherein the one or more cells for retaining the fluid are provided in proximity to the one or more vehicle components (being a part of the same vehicle provides “proximity” to the vehicle components, in addition to Fig. 1, at least, wherein the one or more cells are proximate to the heat exchanger, 22, and/or the airflow provided by the A/C system, as shown in Fig. 1 and 3).
As to claim 38, ISRAELSON, further, discloses the electric vehicle (see rejection of claim 36) which includes a series of vehicle components and the system for heating a vehicle component, such that it would have been a matter of design choice for the component to be any of the recited components. In addition, ISRAELSON more specifically includes a high voltage battery ([0016], [0019], [0050]), and a heating, ventilation, and air conditioning (HVAC) system ([0037] and [0051]).
As to claim 39, ISRAELSOHN teaches various fluids ([0017]), wherein providing “wherein the specific conductance of the fluid is greater than that of water” would have involved a mere change in the fluid used in the device, and the device will still carry out its intended functions with the fluid. See MPEP § 2144.07.
As to claim 41, ISRAELSOHN teaches various fluids ([0017]), wherein providing “wherein the fluid includes a water and ethylene glycol mixture” would have involved a mere change in the fluid used in the device, and the device will still carry out its intended functions with the fluid. See MPEP § 2144.07.
As to claim 42, ISRAELSOHN further teaches the step of monitoring properties of the mixture including(see rejection of claim 6) ethylene glycol quality or water and ethylene glycol mixture concentration ([0032], [0040], [0056],[0058]-[0059]).
As to claim 65, ISRAELSOHN further teaches wherein the one or more cells for retaining a fluid is made from an electrically non-conductive light weight plastic material ([0052]).
As to claim 67, ISRAELSOHN further teaches the steps of:
passing a fluid along a flow path from an inlet to an outlet, the flow path including at least first and second cells positioned along the flow path such that the fluid passing the first cells subsequently passes the second cell (Fig. 3 – through flowpath 116 with first cell 116a and second cell 116a, as an example; [0055]), each cell including at least one electrode pair between which an electric current is passed through the fluid to produce heat therein during its passage along the flow path ([0056]), and wherein at least one of the cells includes at least one segmented electrode ([0055]), the segmented electrode comprising a plurality of electrically separable segments allowing an effective surface area of the segmented electrode to be controlled by selectively activating the segments such that upon activation of a voltage to the activated electrode segment(s), current draw will depend in part upon the effective surface area ([0056], [0058]-[0060], [0067]);
determining the fluid conductivity, or specific conductance at the inlet ([0023]-[0024]);
determining from measured fluid conductivity, or specific conductance a required voltage and current to be delivered to the fluid by the first cell to raise the temperature of the fluid therein by a first amount ([0056], [0058]-[0060], [0067]);
determining a heated fluid conductivity, or specific conductance resulting from operation of the first cell (([0056], [0058]-[0060], [0067]);
determining from the heated fluid conductivity, or specific conductance a required voltage and current to be delivered to the fluid by the second cell to raise the temperature of the fluid therein by a second amount ([0056], [0058]-[0060], [0067]);
activating segments of the segmented electrode in a manner to effect delivery of desired current and voltage by the segmented electrode ([0056], [0058]-[0060], [0067]); and
transferring heat to the one or more vehicle components via the outlet from the heated fluid(a pipe for example [0052] and/or air [0037]).
Response to Arguments
Applicant's arguments filed 28 November, 2025 have been fully considered but they are not persuasive.
At page 1 of the “REMARKS”, Applicant alleges, “For example, the requirements for voltage supply to the cells and the combination of cells to be used for said voltage supply, can be modified depending on the measurements of the vehicle components to be heated”. First the claims, as amended, recite “wherein the requirements of the system are adapted to change dynamically, according to a thermodynamic load of the vehicle components, base don inputs provided to the controller” (claim 1) and “dynamically changing requirements for heating the one or more vehicle components according to a thermodynamic load of the one or more vehicle components, based on inputs provided to a controller” (claim 36), which does not provide the modification is “depending on the measurements of the vehicle components to be heated”, as alleged. In fact, the invention, as originally-disclosed and/or claimed, fails to provide the dynamic change is even associated with measurements of the vehicle components. Further, at best, “thermodynamic load’ is understood by those having ordinary skill within the art to be associated with the total energy required to add or remove heat to manage the device, but this is not disclosed and/or understood by those having ordinary skill within the art, based on the disclosure, to be associated with measurements of the vehicle components being heated. As such, this argument is not persuasive.
At page 1 of the “REMARKS”, Applicant alleges, “The glycol circulated to/from the vehicle combustion engine, which is the primary heat source, is circulated through the heat exchanger. The temperature of the glycol in this circuit determines the requirement to switch the auxiliary heat generator on or off”. However, this does not consider the invention of ISRAELSOHN, as a whole. Distilling an invention down to the "gist" or "thrust" of an invention disregards the requirement of analyzing the subject matter "as a whole." 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). See MPEP § 2141.02 – II. In determining the differences between the prior art and the claims, the question under 35 U.S.C. 103 is not whether the differences themselves would have been obvious, but whether the claimed invention as a whole would have been obvious. Stratoflex, Inc. v. Aeroquip Corp., 713 F.2d 1530, 218 USPQ 871 (Fed. Cir. 1983); Schenck v. Nortron Corp., 713 F.2d 782, 218 USPQ 698 (Fed. Cir. 1983). See MPEP § 2141.02 – I. ISRAELSOHN expressly teaches the requirements of the claims by providing, in addition to the previously presented control/method steps, wherein requirements of the system are adapted to change dynamically, according to a thermodynamic load of the vehicle components ([0037], or example, with regards to air heating of the air supplied to the passenger cabin and/or the vehicle component, 22, which receives heat from the heating system), based on inputs provided to the controller ([0037]-[0038], wherein inputs include the activation/request of heating, in addition to the continual input of measured temperatures to determine operation of the heating system) (claim 1) and dynamically changing requirements for heating the one or more vehicle components according to a thermodynamic load of the vehicle components ([0037], or example, with regards to air heating of the air supplied to the passenger cabin and/or the vehicle component, 22, which receives heat from the heating system), based on inputs provided to a controller ([0037]-[0038], wherein inputs include the activation/request of heating, in addition to the continual input of measured temperatures to determine operation of the heating system). (claim 36).
At page 1 of the “REMARKS”, Applicant alleges,
“The glycol circulated through the auxiliary heat generator, which is heated by the auxiliary heat generator, can be switched on or off (via solenoid valves) depending on the glycol temperature circulating through the vehicle combustion engine”,
“The concept of ISRAELSOHN is designed to include the auxiliary heat source in addition to the primary heat source.”
“The substance temperature is controlled externally to the heat generator, where it is simplistically switched on or off when required.”
“The heat generator is not required to dynamically control the substance temperature based on the substance interaction with the vehicle component heating requirements, and/or is not to respond and act upon instruction from the external control source”
,which again, each of these arguments do not consider the invention of ISRAELSOHN, as a whole. See MPEP § 2141.02 – I and II. More so, such admission by the Applicant supports control of the system of ISRAELSOHN based on vehicle components. See Point i above. More so, ISRAELSOHN expressly teaches the requirements of the claims by providing, in addition to the previously presented control/method steps, wherein requirements of the system are adapted to change dynamically, according to a thermodynamic load of the vehicle components ([0037], or example, with regards to air heating of the air supplied to the passenger cabin and/or the vehicle component, 22, which receives heat from the heating system), based on inputs provided to the controller ([0037]-[0038], wherein inputs include the activation/request of heating, in addition to the continual input of measured temperatures to determine operation of the heating system) (claim 1) and dynamically changing requirements for heating the one or more vehicle components according to a thermodynamic load of the vehicle components ([0037], or example, with regards to air heating of the air supplied to the passenger cabin and/or the vehicle component, 22, which receives heat from the heating system), based on inputs provided to a controller ([0037]-[0038], wherein inputs include the activation/request of heating, in addition to the continual input of measured temperatures to determine operation of the heating system). (claim 36). This provides, the claimed invention, as required, in addition to response and action upon instruction from the external control source. Lastly, “based on the substance interaction with the vehicle component heating requirements” is not required by the claim. See MPEP § 2145 – VI. For these reasons, the arguments are not persuasive, in view of the evidence of record.
At page 2 of the “REMARKS”, Applicant alleges, “Applicant’s claimed system is designed to be the primary heat generation source for the electric vehicle”, which is not persuasive. The claimed invention includes the transitional phrase “comprising”, which under broadest reasonable interpretation is inclusive or open-ended and does not exclude additional, unrecited elements or method steps. See, e.g., Mars Inc. v. H.J. Heinz Co., 377 F.3d 1369, 1376, 71 USPQ2d 1837, 1843 (Fed. Cir. 2004). See MPEP § 2111.03 – I. Such alleged difference between the prior art (includes more than one heat source) and the claimed invention (includes the claimed system as the primary heat generation source”, does not overcome the teachings of the prior art to either anticipate or render obvious the claimed invention, as submitted within the rejections herein.
Again, at page 2 of the “REMARKS”, Applicant alleges, “The dynamic requirement to manage input form both electric vehicle central computer and changes in heating requirements of the electric vehicle component could not have been construed from ISRAELSOHN, where the simplistic switching of the heat generator is all that is required”. Again, such is not persuasive, in view of the discussion provided above, and thereby, the argument does not overcome the anticipation and/or obviousness of the claimed invention, in view of the disclosure/teachings provided by ISRAELSOHN.
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.
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/LEN TRAN/Supervisory Patent Examiner, Art Unit 3763
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