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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d).
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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under pre-AIA 35 U.S.C. 103(a) 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) 1, 4, and 6-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Agathocleous et al. (US 2019/0366794) in view of Wang et al. (US 2021/0031643).
Per claim 1, Agathocleous teaches a cooling system an electric-powered vehicle, the cooling system comprising:
a refrigerant circuit (figure 1) configured to circulate a refrigerant while repeating a process in which compression (via 22) and condensation (via 26) is performed while the refrigerant moves from a first point (43) to a second point (27) and then expansion (via 38,36) and evaporation (via 39, 28) is performed while the refrigerant moves from the second point (27) to the first point (43);
a condensation fan (21) configured to supply air required for the condensation of the refrigerant performed in the refrigerant circuit;
a coolant circuit ( 40) configured to circulate a coolant cooled through heat exchange with the refrigerant evaporated in the refrigerant circuit, and to cool a battery (42; “battery”, para. 026) with cold of the coolant;
a branch circuit (36) configured to branch off from the refrigerant circuit at the second point and then merge with the refrigerant circuit at the first point, and configured such that the expansion and the evaporation of the refrigerant is performed therein;
an evaporation fan (68) configured to supply air to be cooled by the evaporation of the refrigerant performed in the branch circuit, and to supply air, cooled by the branch circuit, to an area where a driver is located (“The heat pump system 10 may be applicable for use as part of a heating, ventilating, and air conditioning (HVAC) system for an electric vehicle in order to provide both cabin heating and cooling”, para. 0020); and
a distributor (“three-way valve 27”, para. 0024) disposed at the second point, and configured to distribute a part of the refrigerant, circulating in the refrigerant circuit, to the branch circuit (“The three-way valve 27 may be configured for distributing the refrigerant to one or both of the coolant circuit pathway 35 and the evaporator pathway 36 depending on various aspects of the heat pump system 10, such as the desired amount of cooling required for the at least one heat generating component 42 or for the air passing through the HVAC module 60 for delivery to the cabin of the vehicle”, para. 0031);
the distributor configured to be controlled so that an amount of the refrigerant to be distributed by the distributor can be adjusted (valve 27 is configured to or not to direct refrigerant to the evaporator, thus the distributor is configured to be controlled so that an amount of the refrigerant to be distributed by the distributor can be adjusted);
wherein the refrigerant distributed from the refrigerant circuit to the branch circuit at the second point is input to the refrigerant circuit at the first point after expansion and evaporation (“the coolant circuit pathway 35 and the evaporator pathway 36 are then recombined at a node 43”, para. 0024) but fails to explicitly teach a controller configured to control the distributor so that an amount of refrigerant to be distributed by the distributor can be adjusted.
However, the Examiner takes OFFICIAL NOTICE that it is old and well known have controllers control valves in a refrigeration circuit. Therefore it would have been obvious to one having ordinary skill in the art at the time the invention was filed to provide a controller in order to advantageously operate the cooling system automatically.
Further, it is understood claim 1 includes the recitation “for an electric-powered tractor” which is considered to be a statement of intended use. The applicant is reminded that a recitation with respect to the manner which a claimed apparatus is intended to be does not differentiate the claimed apparatus from a prior art apparatus satisfying the structural limitations of the claims, as is the case here (MPEP 2114, section II). While features of an apparatus may be recited either structurally or functionally, the claims are directed to an apparatus must be distinguished from the prior art in terms of structure rather than function.
Assuming arguendo that the system of Agathocleous is not capable of being used with an electric powered tractor, Wang teaches a cooling system (20) for an electric powered tractor (14; “tractor”, para. 0017) for improved operation of the electric powered tractor (para. 0041). Therefore it would have been obvious to one having ordinary skill in the art at the time the invention was filed to provide a cooling system for an electric power tractor, as taught by Wang in the invention of Agathocleous, in order to advantageously improved operation of the electric powered tractor (para. 0041).
Further, regarding the recitation “wherein, when there is excess cooling capacity remaining, with respect to cooling capacity of the refrigerant circuit, after the cooling of the battery according to current temperature information of the battery during operation of the electric-powered tractor, the controller controls the distributor to distribute refrigerant corresponding to the excess cooling capacity to the branch circuit through the distributor in order to supply the cold to the area where the driver is located though the branch circuit”, is considered a contingent limitations and not required to be disclosed by the prior art per MPEP 2111.04, section II, “The broadest reasonable interpretation of a method (or process) claim having contingent limitations requires only those steps that must be performed and does not include steps that are not required to be performed because the condition(s) precedent are not met.”
Per claim 4, Agathocleous meets the claim limitations as disclosed in the above rejection of claim 1. Further, Agathocleous teaches
wherein:
the refrigerant circuit comprises:
a compressor (22) configured to compress the refrigerant;
a condenser (26) configured to condense the refrigerant compressed in the compressor;
a first expander (38) configured to expand the refrigerant coming from the condenser through the distributor; and
a first evaporator (39) configured to evaporate the refrigerant expanded in the first expander;
the branch circuit comprises:
a second expander (28) configured to expand the refrigerant distributed from the distributor; and
a second evaporator (30) configured to evaporate the refrigerant expanded in the second expander;
the refrigerant is circulated along
a first circulation path (path with 35) that sequentially passes through the compressor (22), the condenser (26), the distributor (27), the first expander (38), and the first evaporator (39) and then returns to the compressor (22) and
a second circulation path (path with 36) that sequentially passes through the compressor (22), the condenser (26), the distributor (27), the second expander (28), and the second evaporator (30) and then returns to the compressor (22); and
the compressor (22) and the condenser (26) are disposed in a section where the refrigerant moves from the first point (43) to the second point (27).
Per claim 6, Agathocleous meets the claim limitations as disclosed in the above rejection of claim 4. Further, Agathocleous teaches
wherein the second evaporator (30) and the evaporation fan (68) are disposed in a cold air passage (passage 60) having an intake (62/64) configured such that air is sucked thereinto and outlets (configured such that air is discharged therethrough in the area where the driver is located (83).
Per claim 7, Agathocleous meets the claim limitations as disclosed in the above rejection of claim 6. Further, Agathocleous teaches wherein the intake is one in number (see annotated figure below of figure 1), and the outlets are plural in number (see annotated figure below of figure 1).
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Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Agathocleous et al. (US 2019/0366794) in view of Wang et al. (US 2021/0031643) as applied to the claims above and further in view of Choi et al. (US 2018/0065451).
Per claim 5, Agathocleous meets the claim limitations as disclosed in the above rejection of claim 4. Further, Agathocleous fails to explicitly teach wherein: the refrigerant circuit further comprises a chiller configured to cool the refrigerant condensed in the condenser; and the chiller is disposed between the condenser and the distributor.
However, Choi teaches a vehicular cooling system including
a chiller (180) configured to cool the refrigerant condensed in a condenser (110); and a chiller (180) is disposed between the condenser (180) and a distributor (191) for improving cooling performance and reducing power consumption (para. 0078). Therefore it would have been obvious to one having ordinary skill in the art at the time the invention was filed to provide
a chiller configured to cool the refrigerant condensed in the condenser; and the chiller is disposed between the condenser and the distributor, as taught by Choi in the invention of Agathocleous, in order to advantageously improve cooling performance and reducing power consumption (para. 0078).
Claim(s) 8 and 10-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Agathocleous et al. (US 2019/0366794) in view of Cha et al. (US 20203/0013745) and Wang et al. (US 2021/0031643).
Per claims 8 and 10, Agathocleous teaches a cooling system for an electric-powered tractor, the cooling system comprising:
a refrigerant circuit (figure 1) configured to circulate a refrigerant while repeating a process in which compression (via 22), condensation (via 26), first expansion (via 38), and first evaporation are followed by second evaporation (via 28) (to clarify, refrigerant is processed such that the refrigerant is compresses, condensed, expanded and evaporated, after the refrigerant is said processed the refrigerant will eventually be evaporated again via 28 for a second evaporation);
a condensation fan (21) configured to supply air required for the condensation of the refrigerant performed in the refrigerant circuit;
a coolant circuit (40) configured to circulate a coolant cooled through heat exchange with the refrigerant in the first evaporation of the coolant performed in the refrigerant circuit, and to cool a battery (42; “battery”, para. 026) with cold of the coolant; and
an evaporation fan (68) configured to supply air to be cooled by the second evaporation of the refrigerant performed in the refrigerant circuit, and to supply cooled air to an area where a driver is located (via 60),
wherein:
the refrigerant circuit comprises:
a compressor (22) configured to compress the refrigerant;
a condenser (26) configured to condense the refrigerant compressed in the compressor;
a first expander (38) configured to expand the refrigerant coming from the condenser;
a first evaporator (39) configured to primarily evaporate the refrigerant expanded in the first expander; and
a second evaporator (30) configured to secondarily evaporate the refrigerant coming after being primarily evaporated in the first evaporator (to clarify, the second evaporator is necessarily configured to evaporator all the remaining refrigerant because the second evaporator when supplied with enough heat will evaporate any/all liquid refrigerant coming from the primary evaporator) but fails to explicitly teach
the second evaporator configured to secondarily evaporate all the refrigerant coming after being primarily evaporated in the first evaporator, and
the refrigerant is circulated along a circular path that sequentially passes through the compressor, the condenser, the first expander, the first evaporator, and the second evaporator and then returns to the compressor (claim 8), wherein: the refrigerant circuit further comprises a second expander configured to expand the refrigerant coming through the first evaporator; and the refrigerant expanded in the second expander is evaporated in the second evaporator (claim 10).
However, Cha teaches a refrigeration system wherein
a second evaporator (180b) configured to secondarily evaporate all refrigerant coming after being primarily evaporated in a first evaporator (180A), and
refrigerant is circulated along a circular path that sequentially passes through a compressor (150), a condenser (160), a first expander (190a), a first evaporator (180a), and a second evaporator (180b) and then returns to the compressor (150) (see figure 1) (claim 8), the refrigerant circuit further comprises a second expander (190b) configured to expand the refrigerant coming through the first evaporator (180a); and the refrigerant expanded in the second expander (190b) is evaporated in the second evaporator (180b) (claim 10) for maintaining multiple cooling zones at different temperatures while preventing excessive condensation (para. 0007). Therefore it would have been obvious to one having ordinary skill in the art at the time the invention was filed to have refrigerant circulated along a circular path that sequentially passes through a compressor, a condenser, a first expander, a first evaporator, and a second evaporator and then returns to the compressor (claim 8), wherein: the refrigerant circuit further comprises a second expander configured to expand the refrigerant coming through the first evaporator; and the refrigerant expanded in the second expander is evaporated in the second evaporator (claim 10), taught by Cha in the invention of Agathocleous, in order to advantageously maintain multiple cooling zones at different temperatures while preventing excessive condensation (para. 0007).
Further, it is understood claim 8 includes the recitation “for an electric-powered tractor” which is considered to be a statement of intended use. The applicant is reminded that a recitation with respect to the manner which a claimed apparatus is intended to be does not differentiate the claimed apparatus from a prior art apparatus satisfying the structural limitations of the claims, as is the case here (MPEP 2114, section II). While features of an apparatus may be recited either structurally or functionally, the claims are directed to an apparatus must be distinguished from the prior art in terms of structure rather than function.
Assuming arguendo that the system of Agathocleous is not capable of being used with an electric powered tractor, Wang teaches a cooling system (20) for an electric powered tractor (14; “tractor”, para. 0017) for improved operation of the electric powered tractor (para. 0041). Therefore it would have been obvious to one having ordinary skill in the art at the time the invention was filed to provide a cooling system for an electric power tractor, as taught by Wang in the invention of Agathocleous, in order to advantageously improved operation of the electric powered tractor (para. 0041).
Claim 11 recites similar limitations as claim 6 and is rejected in a similar manner.
Claim 12 recites similar limitations as claim 7 and is rejected in a similar manner.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Agathocleous et al. (US 2019/0366794) in view of Cha et al. (US 20203/0013745) and Wang et al. (US 2021/0031643) as applied to the claims above and further in view of Kadle et al. (US 2005/0022983).
Per claim 13, Agathocleous meets the claim limitations as disclosed in the above rejection of claim 8. Further, Agathocleous, as modified, fails to explicitly teach wherein: the refrigerant circuit further comprises a chiller configured to cool the refrigerant condensed in the condenser; and the chiller is disposed between the condenser and the first evaporator.
However, Kadle teaches a vehicular cooling system including a chiller (16) configured to cool the refrigerant condensed in a condenser (14); and the chiller (16) is disposed between the condenser (14) and a first evaporator (18) for providing warm air to a passenger compartment (para. 0017). Therefore it would have been obvious to one having ordinary skill in the art at the time the invention was filed to provide a chiller configured to cool the refrigerant condensed in a condenser; and the chiller is disposed between the condenser and a first evaporator, as taught by Kadle in the invention of Agathocleous, as modified, in order to advantageously provide warm air to a passenger compartment (para. 0017).
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Agathocleous et al. (US 2019/0366794) in view of Wang et al. (US 2021/0031643) as applied to the claims above and further in view of Konishi et al. (US 2022/0227206).
Per claim 14, Agathocleous, as modified, meets the claim limitations as disclosed in the above rejection of claim 1. Further, Agathocleous, as modified, fails to explicitly teach wherein the electric powered tractor does not have a cabin.
However, Konishi teaches a cooling system for an electric powered tractor (100) that does not have a cabin (“open cabin”, para. 0020) for providing air conditioning to an occupant of a tractor cabin that is open to the outside environment (para. 0006).. Therefore it would have been obvious to one having ordinary skill in the art at the time the invention was filed to provide wherein the electric powered tractor that does not have a cabin, as taught by Konishi, in order to advantageously provide air conditioning to an occupant of a tractor cabin that is open to the outside environment (para. 0006).
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Agathocleous et al. (US 2019/0366794) in view of Cha et al. (US 2023/00113745) and Wang et al. (US 2021/0031643) as applied to the claims above and further in view of Konishi et al. (US 2022/0227206).
Per claim 15, Agathocleous, as modified, meets the claim limitations as disclosed in the above rejection of claim 8. Further, Agathocleous, as modified, fails to explicitly teach wherein the electric powered tractor does not have a cabin.
However, Konishi teaches a cooling system for an electric powered tractor (100) that does not have a cabin (“open cabin”, para. 0020) for providing air conditioning to an occupant of a tractor cabin that is open to the outside environment (para. 0006).. Therefore it would have been obvious to one having ordinary skill in the art at the time the invention was filed to provide wherein the electric powered tractor that does not have a cabin, as taught by Konishi, in order to advantageously provide air conditioning to an occupant of a tractor cabin that is open to the outside environment (para. 0006).
Response to Arguments
In regards to the Applicant’s argument on page 6, last line through page 7, first paragraph, that Agathocleous nor Wang disclose “wherein, when there is excess cooling capacity remaining, with respect to cooling capacity of the refrigerant circuit, after the cooling of the battery according to current temperature information of the battery during operation of the electric-powered tractor, the controller controls the distributor to distribute refrigerant corresponding to the excess cooling capacity to the branch circuit through the distributor in order to supply the cold to the area where the driver is located though the branch circuit”; Applicant is reminded “wherein, when there is excess cooling capacity remaining, with respect to cooling capacity of the refrigerant circuit, after the cooling of the battery according to current temperature information of the battery during operation of the electric-powered tractor, the controller controls the distributor to distribute refrigerant corresponding to the excess cooling capacity to the branch circuit through the distributor in order to supply the cold to the area where the driver is located though the branch circuit”, is considered a contingent limitations and not required to be disclosed by the prior art per MPEP 2111.04, section II, “The broadest reasonable interpretation of a method (or process) claim having contingent limitations requires only those steps that must be performed and does not include steps that are not required to be performed because the condition(s) precedent are not met.” Therefore the applicant’s argument is not persuasive and the rejection remains.
Applicant’s remaining arguments with respect to the claims have been considered but are moot because the arguments do not apply to the new combination of references being used in the current rejection.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID J TEITELBAUM whose telephone number is (571)270-5142. The examiner can normally be reached on Monday-Friday 8:00 am-4:30 pm EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, FRANTZ JULES can be reached on (571) 272-66816681. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DAVID J TEITELBAUM/Primary Examiner, Art Unit 3763