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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 04/21/2026 has been entered.
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 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 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.
Claims 1 and 8-20 are rejected under 35 U.S.C. 103 as being unpatentable over Acedo et al. (EP2952832A1) and in further view of Jeong (Translation of DE102021209384A1), hereinafter referred to as Acedo and Jeong.
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Acedo Figure 3D
Regarding Claim 1, Acedo discloses a thermal management module, comprising:
a heat exchanger (603) in fluid communication with a first circuit (containing the flow paths Ri-Ro and Ei-Eo, as shown in figure 3E) having a first fluid (6033) therein and a second circuit (secondary flow circuit, Si-So, shown in figure 3E) having a second fluid (“water flow”) therein, wherein the heat exchanger comprises:
a plurality of first plates (shown in annotated figure 3D);
a plurality of second plates (shown in annotated figure 3D, “the integral heat exchanger 601, 602, 603 is preferably a plate-to-plate heat exchanger which consists of a number of plates made of stainless steel”), wherein the first plates and the second plates are alternatingly arranged in a stacked relationship (shown in figure 3D, wherein the plates are stacked in order to produce the fluid flow paths); and
a divider plate (63) disposed between one of the first plates and an adjacent one of the second plates (shown in annotated figure 3D), wherein the plates cooperate to form at least a first flow path (Ei-Eo), a second flow path (Ri-Ro), and a third flow path (Si-So) for at least one of the fluids, and wherein
the fluids are in thermal energy exchange relationship with one another (shown in figures 3C-3D), wherein
the divider plate (63) divides the heat exchanger into a first portion (62, shown in figure 3D, being the left portion of the heat exchanger containing the Ei-Eo flow path) and a second portion (61, shown in figure 3D, being the right portion of the heat exchanger containing the Si-So flow path),
the first portion (shown in figure 3D, being the left portion of the heat exchanger containing the Ei-Eo flow path) is in fluid communication with the first circuit (shown in figure 3D), and
the second portion (shown in figure 3D, being the right portion of the heat exchanger containing the Si-So flow path) is in fluid communication with the second circuit (secondary flow circuit, Si-So, shown in figure 3E), and wherein
the first portion includes all of the inlets and outlets (shown in figure 3D) of the first flow path (Ei-Eo) and the outlet (shown in figure 3C) of the second flow path (Ri-Ro), wherein
the first flow path (Ei-Eo) receives therein a relatively high-pressure, high-temperature first fluid (see intended use analysis below) from the first circuit (containing the flow paths Ri-Ro and Ei-Eo, as shown in figure 3E),
the second flow path (Ri-Ro) receives therein a relatively low-pressure, low-temperature first fluid (see intended use analysis below) from the first circuit (containing the flow paths Ri-Ro and Ei-Eo, as shown in figure 3E), and
the third flow path (Si-So) receives therein the second fluid from the second circuit (secondary flow circuit, Si-So, shown in figure 3E),
the first flow path (Ei-Eo) is disposed in the first portion (62, shown in figure 3D, being the left portion of the heat exchanger containing the Ei-Eo flow path),
the second flow path (Ri-Ro) is disposed in both of the first (62) and second (61) portions (shown in figure 3C), and
the third flow path (Si-So) is disposed in the second portion (61, secondary flow circuit, Si-So, shown in figure 3E), and the thermal energy exchange occurs between the first fluid flowing through the first flow path and the second flow path within the first portion (shown in figures 3C and 3E, wherein the first fluid exchangers thermal energy between the economizer flow path (Ei-Eo) and the refrigerant flow (Ri-Ro) within the left portion of the heat exchanger (62)).
Although the diagram in figure 3E of Acedo shows the inlets and outlets for the first flow path and the second flow path being on the same side of the heat exchanger, Acedo fails to explicitly disclose the first portion includes all of the inlets and outlets of the first flow path and the second flow path.
Jeong, also drawn to a stacked plate heat exchanger having an expansion valve for a refrigerant flow with multiple fluids flowing through said stacked plate heat exchanger and a divider plate, teaches a first portion (shown in figure 5, being the right side of the stacked plate heat exchanger (P8-P12)) includes all of the inlets and outlets of a first flow path (RP1) and a second flow path (RP2). It is noted that Jeong teaches flow path RP1 travels through the heat exchanger upstream of an expansion valve (41, see figure 9), wherein the refrigerant flow path is labeled R2 downstream from said expansion valve.
The rationale to support a conclusion that the claim would have been obvious is that the substitution of one known element for another yields predictable results to one of ordinary skill in the art. If any of these findings cannot be made, then this rationale cannot be used to support a conclusion that the claim would have been obvious to one of ordinary skill in the art.
Per MPEP 2143-I, a simple substitution of one known element for another, with a reasonable expectation of success supports a conclusion of obviousness. In the instant case, the simple substitution is related to substituting the inlet for the second fluid path not being on the same side of a heat exchanger as the inlet/outlet for the first fluid path with the inlet for the second fluid path being on the same side of a heat exchanger as the inlet/outlet for the first fluid path; further the prior art to Jeong teaches the inlet for the second fluid path being on the same side of a heat exchanger as the inlet/outlet for the first fluid path is known for minimizing piping for the fluid flow path. Therefore, since modifying the prior art to Acedo with having the inlet for the second fluid path being on the same side of a heat exchanger as the inlet/outlet for the first fluid path, can easily be made without any change in the operation of the heat exchanger device; and in view of the teachings of the prior art to Jeong there will be reasonable expectations of success with heat being exchanged between the working fluids, it would have been obvious to have modified the invention of Acedo by having the inlet for the second fluid path being on the same side of a heat exchanger as the inlet/outlet for the first fluid path in order to conform to a predetermined piping configuration or to minimize overall piping within the system.
A recitation with respect to the manner in which a claimed apparatus is intended to be employed, regarding “high-pressure”, “high-temperature”, “low-pressure” and “low-temperature” does not differentiate the claimed apparatus from a prior art apparatus satisfying the structural limitations of the claims, as is the case here. Please see Section 2114 of the MPEP entitled Functional Language.
Regarding Claim 8, Acedo further discloses the first portion (shown in figure 3D, being the left portion of the heat exchanger containing the Ei-Eo flow path) is an internal heat exchanger (see intended use analysis below).
A recitation with respect to the manner in which a claimed apparatus is intended to be employed, regarding “internal heat exchanger”, does not differentiate the claimed apparatus from a prior art apparatus satisfying the structural limitations of the claims, as is the case here. Please see Section 2114 of the MPEP entitled Functional Language.
Regarding Claim 9, Acedo further discloses the second portion (shown in figure 3D, being the right portion of the heat exchanger containing the Si-So flow path) is a chiller (see intended use analysis below).
A recitation with respect to the manner in which a claimed apparatus is intended to be employed, regarding “chiller”, does not differentiate the claimed apparatus from a prior art apparatus satisfying the structural limitations of the claims, as is the case here. Please see Section 2114 of the MPEP entitled Functional Language.
Regarding Claim 10, Acedo further discloses the first flow path (Ei-Eo) is located entirely in the first portion of the heat exchanger (shown in figure 3D).
Regarding Claim 11, Acedo further discloses the second flow path (Ri-Ro) is located in at least one of the first portion and the second portion of the heat exchanger (shown in figure 3C).
Regarding Claim 12, Acedo further discloses the third flow path (Si-So) is located entirely in the second portion of the heat exchanger (shown in figure 3D).
Regarding Claim 13, Acedo further discloses an expansion valve assembly (40) fluidly connected to the heat exchanger (shown in figure 3E), wherein the expansion valve assembly is in fluid communication with the first circuit (shown in figures 3D-3E).
Regarding Claim 14, Acedo further discloses the expansion valve assembly (40) is in fluid communication with at least one of the first flow path (Ei-Eo) and the second flow path (Ri-Ro).
Regarding Claim 15, Acedo further discloses the expansion valve assembly (40) includes an expansion valve for changing a relatively high-pressure, high-temperature first fluid from the first circuit into a relatively low-pressure, low-temperature first fluid (see intended use analysis below).
A recitation with respect to the manner in which a claimed apparatus is intended to be employed, regarding “for changing a relatively high-pressure, high-temperature first fluid from the first circuit into a relatively low-pressure, low-temperature first fluid”, does not differentiate the claimed apparatus from a prior art apparatus satisfying the structural limitations of the claims, as is the case here. Please see Section 2114 of the MPEP entitled Functional Language.
Regarding Claim 16, Acedo further discloses the second flow path (Ri-Ro) receives the relatively low-pressure, low-temperature first fluid from the expansion valve (shown in figure 3E) assembly (see intended use analysis below).
A recitation with respect to the manner in which a claimed apparatus is intended to be employed, regarding “relatively low-pressure, low-temperature first fluid”, does not differentiate the claimed apparatus from a prior art apparatus satisfying the structural limitations of the claims, as is the case here. Please see Section 2114 of the MPEP entitled Functional Language.
Regarding Claim 17, Acedo further discloses the relatively high-pressure, high-temperature first fluid from the first circuit (containing the flow paths Ri-Ro and Ei-Eo, as shown in figure 3E) is in thermal energy exchange relationship with the relatively low-pressure, low temperature first fluid from the expansion valve assembly (40, shown in figure 3E).
A recitation with respect to the manner in which a claimed apparatus is intended to be employed, regarding “the relatively high-pressure, high-temperature first fluid from the first circuit is in thermal energy exchange relationship with the relatively low-pressure, low temperature first fluid”, does not differentiate the claimed apparatus from a prior art apparatus satisfying the structural limitations of the claims, as is the case here. Please see Section 2114 of the MPEP entitled Functional Language.
Regarding Claim 18, Acedo further discloses the relatively low-pressure, low temperature first fluid from the expansion valve assembly (40, shown in figure 3E) is in thermal energy exchange relationship (shown in figures 3C-3E) with the second fluid from the second circuit (secondary flow circuit, Si-So, shown in figure 3E).
A recitation with respect to the manner in which a claimed apparatus is intended to be employed, regarding “the relatively high-pressure, high-temperature first fluid”, “the relatively low-pressure, low temperature first fluid”, does not differentiate the claimed apparatus from a prior art apparatus satisfying the structural limitations of the claims, as is the case here. Please see Section 2114 of the MPEP entitled Functional Language.
Regarding Claim 19, although Acedo further discloses the thermal management module is integrated into a thermal management system (shown in figures 3C-3E), and wherein the thermal management system further includes at least one of a compressor (20) and a condenser (30) in the first circuit shown in figure 3E), Acedo fails to disclose the thermal management module is integrated into a thermal management system of a vehicle.
Jeong, also drawn to a stacked plate heat exchanger having an expansion valve for a refrigerant flow with multiple fluid flows through said stacked plate heat exchanger and a divider plate, teaches the thermal management module (shown in figure 9) is integrated into a thermal management system of a vehicle (see abstract), and wherein the thermal management system further includes at least one of a compressor (60) and a condenser (55) in a first circuit (shown in figure 9).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide Acedo with the thermal management module being integrated into a thermal management system of a vehicle, as taught by Jeong, the motivation being “the installation space can be reduced and the line man-hour can be reduced”.
A recitation with respect to the manner in which a claimed apparatus is intended to be employed, regarding “is integrated into a thermal management system of a vehicle”, does not differentiate the claimed apparatus from a prior art apparatus satisfying the structural limitations of the claims, as is the case here. Please see Section 2114 of the MPEP entitled Functional Language.
Regarding Claim 20, Acedo discloses a method of managing thermal energy, comprising:
providing a thermal management module comprising a heat exchanger (603) in fluid communication with a first circuit (containing the flow paths Ri-Ro and Ei-Eo, as shown in figure 3E) and a second circuit (secondary flow circuit, Si-So, shown in figure 3E), wherein the heat exchanger comprises:
a plurality of first plates (shown in annotated figure 3D);
a plurality of second plates (shown in annotated figure 3D, “the integral heat exchanger 601, 602, 603 is preferably a plate-to-plate heat exchanger which consists of a number of plates made of stainless steel”), wherein the first plates and the second plates are alternatingly arranged in a stacked relationship (shown in figure 3D, wherein the plates are stacked in order to produce the fluid flow paths); and
a divider plate (63) disposed between one of the first plates and an adjacent one of the second plates (shown in annotated figure 3D), wherein the plates cooperate to form at least a first flow path (Ei-Eo) for receiving a first fluid from the first circuit (shown in figure 3E), a second flow path (Ri-Ro) for receiving the first fluid from the first circuit (shown in figure 3E), and a third flow path (Si-So) for receiving a second fluid from the second circuit (shown in figure 3E); wherein
the fluids are in thermal energy exchange relationship with one another (shown in figures 3C-3D), wherein the divider plate (63) divides the heat exchanger into a first portion (shown in figure 3D, being the left portion of the heat exchanger containing the Ei-Eo flow path) and a second portion (shown in figure 3D, being the right portion of the heat exchanger containing the Si-So flow path),
the first portion (shown in figure 3D, being the left portion of the heat exchanger containing the Ei-Eo flow path) is in fluid communication with the first circuit (shown in figure 3D), and
the second portion (shown in figure 3D, being the right portion of the heat exchanger containing the Si-So flow path) is in fluid communication with the second circuit (secondary flow circuit, Si-So, shown in figure 3E) and wherein
the first portion includes all of the inlets and outlets (shown in figure 3D) of the first flow path (Ei-Eo) and the outlet (shown in figure 3C) of the second flow path (Ri-Ro);
supplying at least one of the first fluid from the first circuit and the second fluid from the second circuit to the heat exchanger (shown in figure 3E); and
exchanging thermal energy between the first fluid in the second flow path and at least one of the first fluid in the first flow path (shown in figure 3E) and the second fluid in the third flow path (shown in figure 3E), wherein
the first flow path (Ei-Eo) receives therein a relatively high-pressure, high-temperature first fluid (see intended use analysis below) from the first circuit (containing the flow paths Ri-Ro and Ei-Eo, as shown in figure 3E),
the second flow path (Ri-Ro) receives therein a relatively low-pressure, low-temperature first fluid (see intended use analysis below) from the first circuit (containing the flow paths Ri-Ro and Ei-Eo, as shown in figure 3E), and
the third flow path (Si-So) receives therein the second fluid from the second circuit (secondary flow circuit, Si-So, shown in figure 3E),
the first flow path (Ei-Eo) is disposed in the first portion (62, shown in figure 3D, being the left portion of the heat exchanger containing the Ei-Eo flow path),
the second flow path (Ri-Ro) is disposed in both of the first (62) and second (61) portions (shown in figure 3C), and
the third flow path (Si-So) is disposed in the second portion (61, secondary flow circuit, Si-So, shown in figure 3E), and the thermal energy exchange occurs between the first fluid flowing through the first flow path and the second flow path within the first portion (shown in figures 3C and 3E, wherein the first fluid exchangers thermal energy between the economizer flow path (Ei-Eo) and the refrigerant flow (Ri-Ro) within the left portion of the heat exchanger (62)).
Although the diagram in figure 3E of Acedo shows the inlets and outlets for the first flow path and the second flow path being on the same side of the heat exchanger, Acedo fails to explicitly disclose the first portion includes all of the inlets and outlets of the first flow path and the second flow path.
Jeong, also drawn to a stacked plate heat exchanger having an expansion valve for a refrigerant flow with multiple fluid flows through said stacked plate heat exchanger and a divider plate, teaches a first portion (shown in figure 5, being the right side of the stacked plate heat exchanger (P8-P12)) includes all of the inlets and outlets of a first flow path (RP1) and a second flow path (RP2). It is noted that Jeong further teaches flow path RP1 travels through the heat exchanger upstream of an expansion valve (41, see figure 9), wherein the refrigerant is labeled R2 thereafter.
The rationale to support a conclusion that the claim would have been obvious is that the substitution of one known element for another yields predictable results to one of ordinary skill in the art. If any of these findings cannot be made, then this rationale cannot be used to support a conclusion that the claim would have been obvious to one of ordinary skill in the art.
Per MPEP 2143-I, a simple substitution of one known element for another, with a reasonable expectation of success supports a conclusion of obviousness. In the instant case, the simple substitution is related to substituting the inlet for the second fluid path not being on the same side of a heat exchanger as the inlet/outlet for the first fluid path with the inlet for the second fluid path being on the same side of a heat exchanger as the inlet/outlet for the first fluid path; further the prior art to Jeong teaches the inlet for the second fluid path being on the same side of a heat exchanger as the inlet/outlet for the first fluid path is known for minimizing piping for the fluid flow path. Therefore, since modifying the prior art to Acedo with having the inlet for the second fluid path being on the same side of a heat exchanger as the inlet/outlet for the first fluid path, can easily be made without any change in the operation of the heat exchanger device; and in view of the teachings of the prior art to Jeong there will be reasonable expectations of success with heat being exchanged between the working fluids, it would have been obvious to have modified the invention of Acedo by having the inlet for the second fluid path being on the same side of a heat exchanger as the inlet/outlet for the first fluid path in order to conform to a predetermined piping configuration or to minimize overall piping within the system.
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Acedo et al. (EP2952832A1) in view of Jeong (Translation of DE102021209384A1) as applied in Claims 1 and 8-20 above and in further view of Tan et al. (Translation of CN116061651A), hereinafter referred to as Tan.
Regarding Claim 19, although Acedo further discloses the thermal management module is integrated into a thermal management system (shown in figures 3C-3E), and wherein the thermal management system further includes at least one of a compressor (20) and a condenser (30) in the first circuit shown in figure 3E), Acedo fails to disclose the thermal management module is integrated into a thermal management system of a vehicle.
Tan, also drawn to a heat pump system with a plate heat exchanger, teaches the thermal management module (shown in figure 1) is integrated into a thermal management system of a vehicle (see abstract), and wherein the thermal management system further includes at least one of a compressor (3) and a condenser (2) in a first circuit (shown in figure 1).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide Acedo with the thermal management module being integrated into a thermal management system of a vehicle, as taught by Tan, the motivation being to “effectively avoids the traditional defrosting process with short time refrigeration effect, improves the comfort of the environment in the vehicle and driving safety” and “eliminate the problem of consuming too much battery electric energy in the defrosting process, so as to effectively solve the problem that the electric air conditioning system is low in low temperature climate, frost and defrosting, it also realizes the vehicle temperature overall adjustment, improves the comfort in the vehicle”.
A recitation with respect to the manner in which a claimed apparatus is intended to be employed, regarding “is integrated into a thermal management system of a vehicle”, does not differentiate the claimed apparatus from a prior art apparatus satisfying the structural limitations of the claims, as is the case here. Please see Section 2114 of the MPEP entitled Functional Language.
Response to Arguments
Applicant's arguments filed 04/21/2026 have been fully considered but they are not persuasive.
On page 8 of the Arguments the Applicant states, “However, the structure recited in Claim 1 and that disclosed in Acedo and Jeong are quite different. Jeong is distinguishable in that Jeong relates to a highly complex heat exchange system designed to exchange thermal energy among oil, a first refrigerant and a second refrigerant, and a first coolant and a second coolant within a single heat exchanger. The flow structure of Jeong is fundamentally different.” The Examiner respectfully disagrees. In response to applicant's argument that the complexity of Jeong renders the reference incompatible with Acedo, 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). One of ordinary skill in the art having read Jeong would recognize that situating inlets and outlets on a same side of a heat exchanger, compared to opposing sides, is well known for transferring working fluid to said heat exchanger. Therefore, the level of complexity within the heat exchanger of Jeong does not preclude an explicit teaching of the inlet/outlet configuration, wherein such a configuration provides minimal piping within the system or to conform to a preexisting piping configuration.
On page 10 of the Arguments the Applicant states, “Nothing in Acedo or Jeong discloses, teaches, or suggests the arrangement recited in Claim 1. Amended Claim 1 now explicitly defines the locations and thermal states of the three distinct flow paths. Specifically, the present invention features a first flow path for a relatively high-pressure, high-temperature first fluid strictly within the first portion, a second flow path for a relatively low-pressure, low-temperature first fluid spanning across both the first portion and second portion, and a third flow path for a second fluid strictly within the second portion. This simply isn't the case with Acedo or Jeong.” The Examiner respectfully disagrees. The first flow path (Ei-Eo) of Acedo is shown to be situated within the left portion of the heat exchanger (shown in figure 3D), the second flow path (Ri-Ro) is shown to be situated within the left and right portions of the heat exchanger (shown in figure 3C), and a third flow path (Si-So) is shown to be situated within the right portion of the heat exchanger (shown in figure 3D). The temperature and pressure of the working fluid within the heat exchanger is drawn to the manner in which the heat exchanger is intended to be employed, and does not differentiate the claimed apparatus from a prior art apparatus satisfying the structural limitations of the claims, as is the case here. Please see Section 2114 of the MPEP entitled Functional Language.
Conclusion
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/PAUL ALVARE/Primary Examiner, Art Unit 3763
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