Prosecution Insights
Last updated: April 19, 2026
Application No. 18/610,670

THERMAL MANAGEMENT SYSTEM AND VEHICLE HAVING SAME

Non-Final OA §103
Filed
Mar 20, 2024
Examiner
MA, KUN KAI
Art Unit
3763
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
BYD Company Limited
OA Round
1 (Non-Final)
79%
Grant Probability
Favorable
1-2
OA Rounds
2y 10m
To Grant
92%
With Interview

Examiner Intelligence

Grants 79% — above average
79%
Career Allow Rate
624 granted / 790 resolved
+9.0% vs TC avg
Moderate +13% lift
Without
With
+12.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
39 currently pending
Career history
829
Total Applications
across all art units

Statute-Specific Performance

§101
0.5%
-39.5% vs TC avg
§103
44.8%
+4.8% vs TC avg
§102
25.0%
-15.0% vs TC avg
§112
24.1%
-15.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 790 resolved cases

Office Action

§103
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 . 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) 1-3, 13, 16 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chopard et al. (2020/0189357) in view of Smith et al. (2021/0188043). Regarding claim 1, Chopard discloses a thermal management system, comprising: a heat pump (the heat pump which associated with the compressor C; see figure 1); an electric-powertrain water passage (P6; see figure 1); an engine water passage (P7; see figure 1); a first heat exchanger (E1) having a first heat exchange channel (the refrigerant channel of the heat exchanger E1) and a second heat exchange channel (the heat transfer fluid channel of the heat exchanger E1), and the first heat exchange channel being in communication with the heat pump (the heat pump which associated with the compressor C; see figure 1); a battery cooling means (M1) being in communication (thermal communication) with the heat pump (the heat pump which associated with the compressor C; paragraph [0109]; see figure 1); and a control valve group (valves V4, V5, V6, V7 and V8) being in communication with the electric-powertrain water passage (P6), the engine water passage (P7), and the second heat exchange channel (the heat transfer fluid channel of the heat exchanger E1), and the control valve group (V4, V5 and V6) being switchable between a first state and a second state (the three way valves V4, V5 and V6 is capable of switching in a first and second states; see figure 1); wherein when the control valve group (V4, V5, V6, V7 and V8) is in the first state, the engine water passage (P7) and the second heat exchange channel (the heat transfer fluid channel of the heat exchanger E1) are in communication (when the valves V4, V5 and V8 close the passages P5 and P6 and valves V6 and V7 open the passage P7 and the passage associated with heat exchangers E2 and E1, the engine water passage P7 is in communication with the second heat exchanger channel; see figure 1); and when the control valve group (V4, V5, V6, V7 and V8) is in the second state, the electric-powertrain water passage (P6) and the second heat exchange channel (the heat transfer fluid channel of the heat exchanger E1) are in communication (when the valves V4, V6 and V8 close the passages P5 and P7 and the valves V5 and V7 open the passage P6 and the passage which associated with heat exchangers E2 and E1, the powertrain water passage P6 is in communication with the second heat exchanger channel; see figure 1). However, Chopard fails to disclose the battery cooling means is a battery cooling plate. Smith teaches a battery cooling plate (580; see figure 5). It would have been obvious to one having ordinary skill in the art at the time before the effective filing date of the claim invention to modify the system of Chopard to substitute the battery cooling means with the claimed battery cooling plate as taught by Smith in order to obtain a similar or predictable result which is to provide cooling the battery. Regarding claim 2, Chopard discloses the thermal management system further comprising a warm-air water passage (the passage which associated with the heat exchanger E2), a warm-air core (E2) being disposed on the warm-air water passage (see figure 1), and the warm-air water passage being in communication with the engine water passage (P7) and the second heat exchange channel (the heat transfer fluid channel of the heat exchanger E1) through the control valve group (V4, V5, V6, V7 and V8; see figure 1); and when the control valve group (V4, V5, V6, V7 and V8) is in the first state (when the valves V4, V5 and V8 close the passages P5 and P6 and valves V6 and V7 open the passage P7 and the passage associated with heat exchangers E2 and E1, the engine water passage P7 is in communication with the second heat exchanger channel; see figure 1), the engine water passage (P7), the warm-air water passage (the passage which associated with the heat exchanger E2), and the second heat exchange channel (the heat transfer fluid channel of the heat exchanger E1) being in communication in series (see figure 1). Regarding claim 3, Chopard discloses the control valve group (V4, V5, V6, V7 and V8) further has a third state (when the valves V4 and V5 close the passages P5 and P6 and valves V6, V7 and V8 open the passage P7 and the passage associated with heat exchangers E2 and E1, the engine water passage P7 is in communication with the second heat exchanger channel; see figure 1), and when the control valve group (V4, V5, V6, V7 and V8) is in the third state, the engine water passage (P7) and the warm-air water passage (the passage which associated with the heat exchanger E2) are in communication (see figure 1). Regarding claim 13, Chopard discloses the thermal management system further comprising: a first radiator water passage (the passage which associated with heat exchanger E3), a first radiator (E3) being connected to the first radiator water passage (see figure 1), a first end (the lower end) of the engine water passage (P7) being in communication with a first end (the lower end) of the first radiator water passage (the passage which associated with heat exchanger E3), a second end (the upper end) of the engine water passage (P7) being in communication with a second end (the upper end) of the first radiator water passage (the passage which associated with heat exchanger E3), and the engine water passage (P7) and the first radiator water passage (the passage which associated with heat exchanger E3) being in communication (see figure 1) or out of communication (noted that alternative limitation; the “in communication” limitation has been addressed). Regarding claim 16, Chopard discloses the heat pump comprises: a compressor (C; see figure 1); an in-cabin condenser (E4), wherein a first end (inlet end) of the in-cabin condenser (E4) is in communication with a first end (an outlet end) of the compressor (C; see figure 1); a second heat exchanger (E5), wherein a first end (the inlet end) of the second heat exchanger (E5) is in communication with a second end (an outlet end) of the in-cabin condenser (E4) through a pre-refrigeration branch (2,P’1), and a second end (an outlet end) of the second heat exchanger (E5) is in communication with the second end (the outlet end) of the in-cabin condenser (E4) through a pre-heating branch (P’3; see figure 1); an in-cabin evaporator (E6), wherein a first end (an inlet end) of the in-cabin evaporator (E6) is in communication with the second end (the outlet end) of the second heat exchanger (E5) through a post-refrigeration branch (P’4; see figure 1); and a gas-liquid separator (A), wherein a first end (an inlet end) of the gas-liquid separator (A) is in communication with the first end (the inlet end) of the second heat exchanger (E5) through a post-heating branch (P’3, P’4 and P’5), the first end (the inlet end) of the gas-liquid separator (A) is in communication with a second end (an outlet end) of the in-cabin evaporator (E6), and a second end (an outlet end) of the gas-liquid separator (A) is in communication with a second end (an inlet end) of the compressor (C; see figure 1). Regarding claim 20, Chopard discloses a vehicle, comprising: a thermal management system (see figure 1) comprising: a heat pump (the heat pump which associated with the compressor C; see figure 1); an electric-powertrain water passage (P6; see figure 1); an engine water passage (P7; see figure 1); a first heat exchanger (E1) having a first heat exchange channel (the refrigerant channel of the heat exchanger E1) and a second heat exchange channel (the heat transfer fluid channel of the heat exchanger E1), and the first heat exchange channel (the refrigerant channel of the heat exchanger E1) being in communication with the heat pump (the heat pump which associated with the compressor C; see figure 1); a battery cooling means (M1) being in communication (in thermal communication) with the heat pump (the heat pump which associated with the compressor C; paragraph [0109]; see figure 1); and a control valve group (V4, V5, V6, V7 and V8) being in communication with the electric-powertrain water passage (P6), the engine water passage (P7), and the second heat exchange channel (the heat transfer fluid channel of the heat exchanger E1), and the control valve group being switchable between a first state (when the valves V4, V5 and V8 close the passages P5 and P6 and valves V6 and V7 open the passage P7 and the passage associated with heat exchangers E2 and E1, the engine water passage P7 is in communication with the second heat exchanger channel; see figure 1) and a second state (when the valves V4, V6 and V8 close the passages P5 and P7 and the valves V5 and V7 open the passage P6 and the passage which associated with heat exchangers E2 and E1, the powertrain water passage P6 is in communication with the second heat exchanger channel; see figure 1); wherein when the control valve group (V4, V5, V6, V7 and V8) is in the first state, the engine water passage (P7) and the second heat exchange channel (the heat transfer fluid channel of the heat exchanger E1) are in communication (when the valves V4, V5 and V8 close the passages P5 and P6 and valves V6 and V7 open the passage P7 and the passage associated with heat exchangers E2 and E1, the engine water passage P7 is in communication with the second heat exchanger channel; see figure 1); and when the control valve group is in the second state, the electric-powertrain water passage (P6) and the second heat exchange channel (the heat transfer fluid channel of the heat exchanger E1) are in communication (when the valves V4, V6 and V8 close the passages P5 and P7 and the valves V5 and V7 open the passage P6 and the passage which associated with heat exchangers E2 and E1, the powertrain water passage P6 is in communication with the second heat exchanger channel; see figure 1). However, Chopard fails to disclose the battery cooling means is a battery cooling plate. Smith teaches a battery cooling plate (580; see figure 5). It would have been obvious to one having ordinary skill in the art at the time before the effective filing date of the claim invention to modify the system of Chopard to substitute the battery cooling means with the claimed battery cooling plate as taught by Smith in order to obtain a similar or predictable result which is to provide cooling the battery. Claim(s) 1 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Durrani et al. (DE102018101518A1) in view of Smith. Regarding claim 1, Durrani discloses a thermal management system, comprising: a heat pump (2; see figure 1c); an electric-powertrain water passage (the passage which associated with an electric drive train such as an electric motor 19; see figure 1c); an engine water passage (the passage which associated with a heat storage device 20-1; see figure 1c); a first heat exchanger (5) having a first heat exchange channel (the refrigerant channel of the heat exchanger 5) and a second heat exchange channel (the heat transfer fluid channel of the heat exchanger 5), and the first heat exchange channel being in communication with the heat pump (2; see figure 1c); a battery cooler (21-2 and 10-2) being in communication with the heat pump (2; see figure 1c); and a control valve group (17) being in communication with the electric-powertrain water passage (the passage which associated with an electric drive train such as an electric motor 19), the engine water passage (the passage which associated with the heat storage device 20-1), and the second heat exchange channel (the heat transfer fluid channel of the heat exchanger 5), and the control valve group (17) being switchable between a first state and a second state (the three way valve 17 is capable of switching in a first and second states; see figure 1c); wherein when the control valve group (17) is in the first state, the engine water passage (the passage which associated with the heat storage device 20-1) and the second heat exchange channel (the heat transfer fluid channel of the heat exchanger 5) are in communication (when the valve 17 switches to pass the heat transfer fluid to the heat storage device 20-1; see figure 1c); and when the control valve group (17) is in the second state, the electric-powertrain water passage (the passage which associated with an electric drive train such as an electric motor 19) and the second heat exchange channel (the heat transfer fluid channel of the heat exchanger 5) are in communication (when the valve 17 switches to pass the heat transfer fluid to the electric motor 19; see figure 1c). However, Durrani fails to disclose the battery cooler is a battery cooling plate. Smith teaches a battery cooling plate (580; see figure 5). It would have been obvious to one having ordinary skill in the art at the time before the effective filing date of the claim invention to modify the system of Durrani to substitute the battery cooler with the claimed battery cooling plate as taught by Smith in order to obtain a similar or predictable result which is to provide cooling the battery. Regarding claim 20, Durrani discloses a vehicle, comprising: a thermal management system (see figure 1c) comprising: a heat pump (2; see figure 1c); an electric-powertrain water passage (the passage which associated with the electric motor 19; see figure 1c); an engine water passage (the passage which associated with the heat storage device; see figure 1c); a first heat exchanger (5) having a first heat exchange channel (the refrigerant channel of the heat exchanger 5) and a second heat exchange channel (the heat transfer fluid channel of the heat exchanger 5), and the first heat exchange channel (the refrigerant channel of the heat exchanger 5) being in communication with the heat pump (2; see figure 1c); a battery cooler (10-2 and 21-2) being in communication with the heat pump (2; see figure 1c); and a control valve group (17) being in communication with the electric-powertrain water passage (P6), the engine water passage (P7), and the second heat exchange channel (the heat transfer fluid channel of the heat exchanger E1), and the control valve group being switchable between a first state (when the valves V4, V5 and V8 close the passages P5 and P6 and valves V6 and V7 open the passage P7 and the passage associated with heat exchangers E2 and E1, the engine water passage P7 is in communication with the second heat exchanger channel; see figure 1) and a second state (when the valves V4, V6 and V8 close the passages P5 and P7 and the valves V5 and V7 open the passage P6 and the passage which associated with heat exchangers E2 and E1, the powertrain water passage P6 is in communication with the second heat exchanger channel; see figure 1); wherein when the control valve group (17) is in the first state, the engine water passage (the passage which associated with the heat storage device 20-1) and the second heat exchange channel (the heat transfer fluid channel of the heat exchanger 5) are in communication (when the valve 17 switches to pass the heat transfer fluid to the heat storage device 20-1; see figure 1c); and when the control valve group (17) is in the second state, the electric-powertrain water passage (the passage which associated with an electric drive train such as an electric motor 19) and the second heat exchange channel (the heat transfer fluid channel of the heat exchanger 5) are in communication (when the valve 17 switches to pass the heat transfer fluid to the electric motor 19; see figure 1c). However, Durrani fails to disclose the battery cooler is a battery cooling plate. Smith teaches a battery cooling plate (580; see figure 5). It would have been obvious to one having ordinary skill in the art at the time before the effective filing date of the claim invention to modify the system of Durrani to substitute the battery cooler with the claimed battery cooling plate as taught by Smith in order to obtain a similar or predictable result which is to provide cooling the battery. Allowable Subject Matter Claims 4-12, 14-15 and 17-19 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. The primary reference Chopard or Durrani fails to disclose the claimed structure detail of the thermal management system as required in claims 4-12, 14-15 and 17-19. Also, the prior art of record fails to provide further teachings or motivation to modify the thermal management system of Chopard in order to arrive the claim invention. Therefore, claims 4-12, 14-15 and 17-19 are allowable. Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.” Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Any inquiry concerning this communication or earlier communications from the examiner should be directed to KUN KAI MA whose telephone number is (571)-270-3530. The examiner can normally be reached on Monday-Friday 9am-6pm. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jianying Atkisson can be reached on 5712707740. 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. /KUN KAI MA/Primary Examiner, Art Unit 3763
Read full office action

Prosecution Timeline

Mar 20, 2024
Application Filed
Sep 20, 2025
Non-Final Rejection — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
79%
Grant Probability
92%
With Interview (+12.9%)
2y 10m
Median Time to Grant
Low
PTA Risk
Based on 790 resolved cases by this examiner. Grant probability derived from career allow rate.

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