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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 03/05/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 112
Claims 1-3 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.
Claim 1 is indefinite due to the limitation “cause a circuit with which the heat medium circulates through the second channel and the third channel to be formed and cause a circuit with which the heat medium circulates only through the fourth channel to be formed”. This limitation is indefinite, as it describes the heat medium circulating only through the fourth channel while the heat medium simultaneously circulates through the second channel and the third channel. As the claim additionally presents the heat medium flowing through the first through fourth channels in lines 3-5, it is unclear if the limitation requires that channels other than the fourth channel be fully evacuated of the heat medium, or if the heat medium in the fourth channel is separate from the heat medium in the other channels. Based on specification paragraph 0084, which describes the formation of an isolated circuit which includes the fourth channel without discussion of the removal of heating medium from the other channels, for the purpose of this office action this claim language is interpreted as requiring that the circuit with which the heat medium circulates through the fourth channel is a circuit that does not connect to the first channel, second channel, or third channel.
Claim 2 is indefinite due to the language “adjusting an opening degree of the grille shutter” in lines 2-3 of the claim, as an opening degree of the grille shutter is structure that is inherently present when the grille shutter is present. Accordingly, it is unclear if the opening degree discussed in this language is referring to the inherently present opening degree, or if it is referring to another opening degree, such as a subsection of the inherently present opening degree.
Additionally, Claim 2 is indefinite due to the language “a temperature of the heat medium” in lines 4-5 of the claim, as a heat medium inherently has a temperature. Accordingly, it is unclear if the temperature discussed in this language is referring to the inherently present opening temperature, or if it is referring to another temperature of the heat medium, such as a subsection of the inherently present temperature of the heat medium.
Additionally, Claim 2 is indefinite due to the language “a temperature of the drive unit” in lines 5-6 of the claim, as a drive unit inherently has a temperature. Accordingly, it is unclear if the temperature discussed in this language is referring to the inherently present opening degree, or if it is referring to another temperature of the drive unit, such as a subsection of the inherently present temperature of the drive unit.
Additionally, dependent claim(s) 2 and 3 are rejected as the result of their dependence on the indefinite claim(s), as set forth above, as they include all the limitations of said indefinite claim(s) and as they do not resolve the issues identified in rejections set forth above.
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.
Claim(s) 1 and 3 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Maeda (WO 2022158153 A1, with US equivalent 20230364969 used for citation purposes).
Regarding Claim 1, Maeda discloses a heat management system provided in an electrical apparatus (Paragraph 0041, “The thermal management system 1 according to the present embodiment is applied to an electric vehicle.”), the heat management system comprising a first channel 51a (Paragraph 0090, “The cooling water channel 51a of the battery 51”), a second channel 53a (Paragraph 0093, the cooling water channel 53a of the motor generator 53 “”), a third channel which is a channel through the radiator 423 (Paragraph 0119, “the heating medium inlet side of the low-temperature-side radiator 423.”), and a fourth channel 20b (Paragraph 0107, “the heating medium channel 20b of the chiller 20.”).
Maeda further discloses an electrical storage device 51 configured to exchange heat with the heat medium flowing through the first channel 51a (Paragraph 0090, “The cooling water channel 51a of the battery 51 is comparable to a first heat exchange portion that provides heat exchange between the multiple battery cells forming the battery 51 and the heating medium.”) and a drive unit 53 configured to exchange heat with the heat medium flowing through the second channel (Paragraph 0093, “The heating medium pumped from the second low-temperature-side pump 421b flows through [the] cooling water channel 53a of the motor generator 53,”) and supply driving force to the electrical apparatus (Paragraph 0045, “The motor generator 53 functions as an electric motor supplied with electric power to output a driving force”).
Additionally, Maeda discloses a radiator 423 provided in the third channel (Paragraph 0099, “the low-temperature-side radiator 423”) and a chiller provided in the fourth channel (Paragraph 0096, “chiller 20”).
Additionally, Maeda discloses a switching unit 422 configured to switch a connection status among the first channel, the second channel, the third channel, and the fourth channel (Paragraph 0095, “The five-way valve 422 is a low-temperature-side circuit switching portion”), as depicted in their figure 1, where the valve inlet 422a connects to the first channel, the valve inlet 422b connects to the second channel, the valve outlet 422e connects to the third channel, and the valve outlet 422c connects to the fourth channel (See paragraph 0095).
In regards to the limitation which requires that the switching unit is configured to, when the electrical storage device is heated, isolate the first channel from the other channels, cause a circuit with which the heat medium circulates through the second channel and the third channel to be formed, and cause a circuit with which the heat medium circulates through only the fourth channel to be formed, this limitation represents intended use of the claimed invention. Accordingly, to satisfy an intended use limitation, a prior art structure which is capable of performing the intended use as recited meets the claim See, e.g., In re Schreiber, 128 F.3d 1473, 1477, 44 USPQ2d 1429, 1431.
Maeda discloses and shows in their figure 2 that their switching unit is configured to continuously adjust the flow ratio from the first channel 51a towards an output between their bypass channel 424 and the fourth channel connected to the chiller 422c. Maeda specifically teaches that the valve can allow for the total flow from the cooling water channel to be directed towards the bypass channel or the fourth channel (Paragraph 0108, “By adjusting the flow ratio, the five-way valve 422 can also allow the total flow of the heating medium flowing from the first channel 51a of the battery 51 to be directed to either the heating medium bypass channel 424 or the heating medium channel 20b of the chiller 20.”). Accordingly, when the flow is directed entirely from the first channel towards the bypass channel 422d, this results in a state where the first channel is isolated from the second channel, the third channel and the fourth channel.
Additionally, Maeda teaches and shows in their figure 3 that their switching unit is configured to continuously adjust the flow ratio between their third channel to the radiator 423 and their chiller 20, from the second channel 50a (Paragraph 0111, “The five-way valve 422 is configured to be able to continuously adjust the flow ratio between the flow rate of the heating medium flowing into the low-temperature-side radiator 423 and the flow rate of the heating medium flowing into the heating medium channel 20b of the chiller 20”). Here, Maeda further teaches that the water flowing from the second channel through the port 422b can be directed to the third channel towards the heater 423 (Paragraph 0111, “By adjusting the flow ratio, the five-way valve 422 can also allow the total flow of the heating medium flowing from the cooling water channels 52a through 54a of the high-voltage instrument 50 to be directed to either the low-temperature-side radiator 423 or the heating medium channel 20b of the chiller 20.”). Accordingly, when the flow is directed entirely from the second channel towards the third channel, this results in a state where a circuit with which the heat medium circulates through the second channel and the third channel is formed. Additionally, when both of the states as discussed above are in effect, the fourth channel is isolated, resulting in the formation of a circuit with which the heat medium circulates through only the fourth channel, thereby satisfying the requirement of claim 1.
Regarding Claim 3, Maeda anticipates the invention according to claim 1. Additionally, Maeda discloses structure wherein the switching unit is a five-way valve (Paragraph 0095, “The five-way valve 422 is a low-temperature-side circuit switching portion”).
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.
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Maeda (WO 2022158153 A1, with US equivalent 20230364969 used for citation purposes) as applied to claim 1 above, and further in view of Orihashi (US 20210323381 A1).
Regarding Claim 2, Maeda discloses the invention as discussed above in regards to claim 1. Additionally, in regards to the limitation of the instant claim which requires a grille shutter configured to adjust a volume of air heading toward the radiator by adjusting an opening degree of the grille shutter, wherein the grille shutter is configured to, when the electrical storage device is heated, increase the opening degree when a temperature of the heating medium flowing through the second channel and the third channel or a temperature of the drive unit becomes higher than a prescribed temperature, Maeda fails to disclose said structure. Maeda discloses that their radiator cools by dissipating waste heat into outside air (Paragraph 0284, “The low-temperature-side circuit 42 in the B1C3 mode allows the low-temperature-side radiator 423 to dissipate waste heat from the high-voltage instrument 50 to the outdoor air, thus cooling the high-voltage instrument 50.”), but is silent in regards to the structure of the radiator.
Therefore we look to Orihashi, which is an analogous art to the instant application, being directed towards the art of heat management systems for vehicles (Abstract, “The disclosure herein provides a heat management system for a vehicle,”). Orihashi discloses that their heat management system comprises a condenser, which releases heat from a heat medium to outside air (Paragraph 0026, “An amount of heat to be released per unit time from the first heat medium to the outside air in the air-cooled condenser 14”). Accordingly, where Orihashi’s condenser releases heat from a heat medium to the outside air, and Maeda’s radiator releases heat to outside air, the condenser and radiator perform the same function, and one ordinarily skilled in the art would look to Orihashi’s condenser in regards to considering modification’s for Maeda’s radiator.
Orihashi discloses that their condenser comprises a grille shutter through which outside air passes, the air moving though the condenser to transfer heat from the condenser to the outside air (Paragraph 0025, “While the vehicle is traveling, the outside air passes through the grille shutter 30 and then through the air-cooled condenser 14. In the air-cooled condenser 14, the first heat medium exchanges heat with the outside air. More specifically, excessive heat of the first heat medium is released to the outside air in the air-cooled condenser 14.”). Orihashi further discloses that their grille shutter has a changeable opening angle and that changing the opening angle changes the amount of air passing through the condenser (Paragraph 0026, “The grille shutter 30 includes a louver 30a and the angle of the louver 30a is changeable. An amount of air passing through the air-cooled condenser 14 can be adjusted by changing the angle of the louver 30a.”). It is further disclosed that controlling the opening angle controls the amount of the amount of heat released per unit time by their condenser (Paragraph 0026, “Changing the angle of the louver 30a corresponds to adjusting the opening area of the grille shutter 30. An amount of heat to be released per unit time from the first heat medium to the outside air in the air-cooled condenser 14 can be controlled by adjusting the opening area of the grille shutter 30.”).
Additionally, Orihashi discloses that their system comprises a controller which is configured to measure heat outputs, and when a heat value is greater than a prescribed temperature, adjust the opening of the grille shutter to release the excessive heat amount (Paragraph 0072, “When the battery-generating heat amount Qb or the heat of the outside air is used for air-heating, the controller 4 determines the outputs of the compressor 12 and the pump 42 at step S12 or S13, and then adjusts the opening Gs of the grille shutter 30 to release the excessive heat amount Qsp”). Orihashi further discloses that the use of the grille shutter to cool the thermal management system is more efficient than controlling a compressor/chiller, and that accordingly, using the grille shutter system can reduce electrical power consumption (Paragraph 0073, “However, adjusting the output of the compressor requires much electric power than adjusting the opening of the grille shutter 30 does. Using the grille shutter can reduce electric power consumption.”). Accordingly, it would be obvious to one ordinarily skilled in the art to implement the grille and controller system of Orihashi into the radiator of Maeda, thereby resulting in structure which comprises a grille shutter configured to adjust a volume of air heading toward the radiator by adjusting an opening degree of the grille shutter, as well as that the grille shutter, is configured to, when the electrical storage device is heated, when a temperature of the drive unit becomes higher than a prescribed temperature, increase the opening degree of the grille shutter, so as to release heat from the radiator into outside air, and save on electric power consumption.
Conclusion
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/J.W.E./ Examiner, Art Unit 1725
/BASIA A RIDLEY/ Supervisory Patent Examiner, Art Unit 1725
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