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 Objections
The numbering of claims is not in accordance with 37 CFR 1.126 which requires the original numbering of the claims to be preserved throughout the prosecution. When claims are canceled, the remaining claims must not be renumbered. When new claims are presented, they must be numbered consecutively beginning with the number next following the highest numbered claims previously presented (whether entered or not).
Misnumbered claims 23-35 should be renumbered claims 22-34.
Claim Interpretation
Claims 20, 24, 25, and 27 recite limitations linked by the conjunction phrase “and/or.” The examiner interprets use of “and/or” as indicating that the claim will be satisfied if at least one of the recited limitation options is satisfied. For example, if the claim recites (a) and/or (b) and/or (c), then the claim satisfied if a prior art teaches (a) or (b) or (c).
Election/Restrictions
Claims 16-35 are pending. Applicant's election with traverse of Group I, claims 16-33 drawn to a vehicle, and Species A: Fig. 1 in the reply filed on October 01, 2025 is acknowledged. The traversal is on the ground(s) that Groups I and II satisfy unity of invention. This is not found persuasive because the generic claim 16 is novel and nonobvious and the shared technical features recited in claim 16 are found to be present in the prior art as cited in the prior art rejection.
The requirement is still deemed proper and is therefore made FINAL.
Claims 28-33 withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to nonelected Species B-C, there being no allowable generic or linking claim. Additionally, claims 34-35 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to nonelected Group II, there being no allowable generic or linking claim.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 16-21, 23-27 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 16 recites the limitation "the vehicle surroundings" in claim 16, lines 4, 6. There is insufficient antecedent basis for this limitation in the claim.
Claims 16-21, 23-27 depend on claim 16 and therefore are also indefinite.
Claim 17 recites “wherein the vehicle is a utility vehicle.” This is indefinite because any vehicle can have a function and be a utility vehicle, therefore one cannot ascertain the metes and bounds of the claimed invention in light of the specification.
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.
Claims 16-17, 19-20, 24-25 and 27 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Albrecht et al (DE 102018210190 A1 provided in the IDS filed Feb. 09, 2024, English translation provided by US 20210265624 A1).
Regarding claim 16, Albrecht teaches (Fig. 1, with an annotated version reproduced below) a vehicle [¶ 0001] comprising:
– an electrochemical cell (fuel cell 11) ([¶ 0036]);
– a first coolant circuit (refrigerant circuit 23) for cooling the electrochemical cell, having a first heat exchanger (cooler/condenser 15) for heat exchange with the vehicle surroundings (Albrecht teaches heat is given up to the outside air at a condenser or cooler [¶ 0010], and the first heat exchanger which is cooler/condenser 15 is disclosed as subjected to air flow for heat dissipation [¶ 0036]; thus, the heat dissipation to the air flow of the outside air reads on “heat exchange with the vehicle surroundings”);
– a second coolant circuit (heat pump circuit 24 in which a refrigerant circulates), fluidically separated from the first coolant circuit (23), having a second heat exchanger (cooler/condenser 19) for heat exchange with the vehicle surroundings (Heat is exchanged between the two cooling circuits via the chiller 12 but no fluid is exchanged or mixed [¶ 0036]) Albrecht teaches heat is given up to the outside air at a condenser or cooler [¶ 0009], and the second heat exchanger which is cooler 19 is disclosed as subjected to air flow for heat dissipation [¶ 0036]; thus, the heat dissipation to the air flow of the outside air reads on “heat exchange with the vehicle surroundings”);
Wherein the first coolant circuit (23) and the second coolant circuit (24) are thermally coupled to each other via an exchange heat exchanger (12) (Heat is exchanged between the two cooling circuits via the heat exchanger (chiller) 12 [¶ 0036], thereby reading on the two being thermally coupled)
Wherein the first heat exchanger (15), seen in the forward direction of travel of the vehicle, is arranged in front of the second heat exchanger (19). (Albrecht teaches the coolers 15 and 19 are arranged in the front end of the vehicle [¶ 0036]), therefore the vehicle’s forward direction of travel is to the left direction. As shown in Fig. 1, in this configuration, the first heat exchanger 15 is arranged in front of the second heat exchanger 19.)
Annotated Fig. 1 of Albrecht:
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Regarding claim 17, Albrecht teaches the vehicle of claim 16. The vehicle will have utility; therefore, it is a utility vehicle. Furthermore, “utility vehicle” is an intended use of the battery and does not impose a further structural limitation, and accordingly, no particular weight was given to the limitation. See, generally, MPEP 2114.
Regarding claim 19, Albrecht teaches the vehicle of claim 16 and further teaches the cooler 15, corresponding to the first heat exchanger, is arranged in the front end of the vehicle [¶ 0036], thereby reading on the limitation of wherein the first heat exchanger is arranged next to a vehicle front of the vehicle.
Regarding claim 20, Albrecht teaches the vehicle of claim 16 and further teaches the first heat exchanger, seen in the forward direction, is arranged in front of the electrochemical cell 11.
Regarding claims 24-25, Albrecht teaches the vehicle of claim 16. Albrecht further teaches (a) the second coolant circuit 24 is used for pre-cooling the first coolant circuit 23
(The refrigerant in second coolant circuit 24 removes heat via chiller 12 from first coolant circuit 23 prior to its inlet into the fuel cell 11; accordingly, the first coolant circuit 23 is pre-cooled by second coolant circuit 24),
that no further components to be cooled and/or to be heated are incorporated are incorporated in the second coolant circuit
(Fig. 1 indicates that the only other components in circuit 24 are compressor 14 and expansion valve 17),
and the second coolant circuit 24 is thermally coupled to the electrochemical cell via the exchange heat exchanger 12 and the first coolant circuit 23
(The refrigerant in second coolant circuit 24 removes heat via chiller 12 from first coolant circuit 23 prior to its introduction into the fuel cell 11, therefore it is thermally coupled to the electrochemical cell via the exchange heat exchanger 12 and the first coolant circuit 23).
Per the limitations of claim 25, Fig. 1 does not show other components requiring cooling or heating in the second coolant circuit 24, only a compressor and an expansion valve, therefore Albrecht also teaches wherein the second coolant circuit is used exclusively for pre-cooling the first coolant circuit. Albrecht also does not show any other modes for heat transfer in Fig. 1, therefore the only means of direct heat transfer between the first coolant circuit 23 and the second coolant circuit 24 is via the exchange heat exchanger (chiller) 12, thereby reading on the limitation that the second coolant circuit is thermally coupled to the electrochemical cell exclusively via the exchange heat exchanger and the first coolant circuit.
Regarding claim 26, Albrecht teaches wherein the first coolant circuit (23) is designed to dissipate heat from the electrochemical cell (11) to the second coolant circuit (24) by means of the exchange heat exchanger (12) in a first phase of the cooling and to dissipate it to the vehicle surroundings by means of the first heat exchanger (15) in a second phase of the cooling (Fig. 1 shows the first coolant circuit (23) dissipates heat to the second coolant circuit (24) by means of the exchange heat exchanger (12), and the heat dissipated originates from the electrochemical cell, thus reading on the first phase of the cooling. The figure also shows that the first heat exchanger (15) dissipates heat to the outside air which corresponds to vehicle surroundings [¶ 0010], [¶ 0036], thus reading on the second phase of the cooling. The limitation is not recited in a way that necessitates a sequence for the first phase of the cooling relative to the second phase of the cooling.)
Additionally, the cooling design provided by Albrecht can structurally perform the function capable to accomplishing the claimed limitation. The Courts have held that if the prior art structure is capable of performing the intended use, then it meets the claim. See In re Casey, 152 USPQ 235 (CCPA 1967); and In re Otto, 136 USPQ 458, 459 (CCPA 1963).
Regarding claim 27, Albrecht teaches the vehicle of claim 16. Albrecht teaches the coolers 15 and 19, corresponding to the first and second heat exchangers, and each provided with a circulating refrigerant (coolant), are subjected to the air flow 16 for heat dissipation [¶ 0036]; therefore, each of the first and second heat exchangers is an air/coolant heat exchanger, and heat exchange occurs between the refrigerants at chiller 12 (the exchange heat exchanger) as also taught in [¶ 0036].
Thus, Albrecht further teaches wherein (a) the first heat exchanger is an air/coolant heat exchanger, (b) the second heat exchanger is an air/coolant heat exchanger, and (c) the exchange heat exchanger is a coolant/coolant heat exchanger.
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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.
Claims 18 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Albrecht et al (DE 102018210190 A1) in view of Jiang et al (CN109980246 A, published 2019-07-05) and Pippione et al (EP 1426577 A1, published 2004-06-09 and English translation of EP 1426577 B1 provided).
Regarding claim 18, Albrecht teaches the vehicle of claim 16 but does not teach wherein the vehicle comprises a driver’s cab and the second heat exchanger, seen in the forward direction of travel, is arranged behind the driver’s cab and/or is arranged on an outer rear wall of the driver’s cab.
In the same field of endeavor, Jiang teaches that fuel cell vehicles have a longer driving range compared to pure electric vehicles [¶ 0004], therefore one of ordinary skill in the art would have found it obvious to have incorporated Albrecht’s cooling system for a fuel cell within a commercial vehicle. Accordingly, the commercial vehicle would have a driver’s cab where the driver sits.
Pippione teaches a cooling system for a commercial vehicle that places a first heat exchanger 16 at the front of the driver’s cab where it is exposed to an air intake F2 when the vehicle is moving forward in direction D1 (Fig. 1, [¶ 0014], [¶ 0019]-[¶ 0020]) and a second heat exchanger 19 on the roof of the rear of driver’s cab exposed to air flow F1 to cool the engine coolant (Figs. 1-2, [¶ 0015], [¶ 0019]-[¶ 0020], [¶ 0024]). Although Pippione teaches a cooling system for an internal combustion engine, it is analogous art because both fuel cell vehicles and vehicles using conventional internal combustion engines are concerned with heat management of coolant (either from cooling an electrochemical cell or an internal combustion engine), as Albrecht teaches in [¶ 0002]. Pippione teaches that their positional arrangement of the two heat exchangers optimizes the space in the driver’s cab and the engine compartment while increasing the heat exchange surfaces and reduced power requirements for fans to create consistent air flows for satisfying the required cooling [¶ 0022]. A person of ordinary skill in the art would have been motivated to modify modified Albrecht’s vehicle to arrange the second heat exchanger behind the driver’s cab and/or arranged on an outer rear wall of the driver’s cab as taught by Pippione (Figs. 1-2, [¶ 0024]) for the advantages of optimized space in the driver’s cab and increased heat exchanged surfaces for dissipating heat to the outside air at the second heat exchanger, which is taught by Albrecht as a function of the second heat exchanger ([¶ 0010], [¶ 0036]). Thus, the combination of prior art meets the limitations as claimed.
Regarding claim 21, Albrecht teaches the vehicle of claim 16 but does not teach wherein the second heat exchanger is arranged higher with respect to the vehicle vertical direction than the first heat exchanger.
In the same field of endeavor, Jiang teaches that fuel cell vehicles have a longer driving range compared to pure electric vehicles [¶ 0004], therefore one of ordinary skill in the art would have found it obvious to incorporate Albrecht’s cooling system for a fuel cell within a commercial vehicle.
Pippione teaches a cooling system for a commercial vehicle that places a first heat exchanger 16 at the front of the driver’s cab and is exposed to an air intake F2 when the vehicle is moving forward in direction D1 (Fig. 1, [¶ 0014], [¶ 0019]-[¶ 0020]) and a second heat exchanger 19 on the roof of the rear of driver’s cab exposed to air flow F2 to cool the engine coolant (Figs. 1-2, [¶ 0015], [¶ 0019]-[¶ 0020], [¶ 0024]). Although Pippione teaches a cooling system for an internal combustion engine, it is analogous art because both fuel cell vehicles and vehicles using conventional internal combustion engines are concerned with heat management of engine coolant (either an electrochemical cell or an internal combustion engine), as Albrecht teaches in [¶ 0002]. Pippione teaches that their positional arrangement of the two heat exchangers optimizes the space in the driver’s cab and the engine compartment while increasing the heat exchange surfaces and reduced power requirements for fans to create consistent air flows for satisfying the required cooling [¶ 0022]. A person of ordinary skill in the art would have been motivated to modify modified Albrecht’s vehicle to arrange the first and second heat exchangers as taught by Pippione (Figs. 1-2, [¶ 0024]) for the advantages of optimized space in the driver’s cab and increased exchange surfaces. Thus, the combination of prior art meets the limitations as claimed.
Claims 16-21, 23-24, 26-27 are rejected under 35 U.S.C. 103 as being unpatentable over Jiang et al (CN 109980246 A1, published 2019-07-05) in view of Klein et al (DE102019128941A1, published 2021-04-29).
Regarding claim 16, Jiang teaches (Fig. 2, with an annotated version reproduced below) a vehicle [machine translation ¶ 0007] comprising:
– an electrochemical cell (fuel cell 9) ([¶ 0087]);
– a first coolant circuit (100) for cooling the electrochemical cell (9), having a first heat exchanger (radiator 2) for heat exchange with the vehicle surroundings (Jiang teaches the radiator 2 controls heat exchange between the coolant and the air [¶ 0109], which would constitute part of the vehicle surroundings, and Jiang further teaches the coolant cooled by the radiator 2 returns to the fuel cell body 9 [¶ 0109]);
– a second coolant circuit (300), having a second heat exchanger (radiator 22) for heat exchange with the vehicle surroundings (Jiang teaches radiator 22 heats the passenger compartment [¶ 0096], [¶ 117], [¶ 0146], which would correspond to portions of the vehicle not part of the coolant and second heat exchanger and thereby constitute part of the vehicle surroundings; additionally, the passenger compartment is expected to have windows that can roll down, resulting in heat transfer to the external environment that would also correspond to vehicle surroundings);
Wherein the first coolant circuit (100) and the second coolant circuit (300) are thermally coupled to each other via an exchange heat exchanger (4) (Fig. 2; Jiang teaches the coolant flowing out of the fuel cell 9 flows through heat exchanger 4, wherein it exchanges heat with the coolant in the circuit 300 [¶ 0146]; thereby teaching that the two circuits are thermally coupled to each other via heat exchanger 4, which functions as the claimed exchange heat exchanger),
Jiang does not teach wherein the first heat exchanger, seen in the forward direction of travel of the vehicle, is arranged in front of the second heat exchanger.
Annotated Fig. 2 of Jiang:
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Analogous art Klein et al teaches a vehicle with a heat exchanger in the front bumper through which a cooling medium flows and can be directly permeated by an airflow 301 from the environment for cooling the fluid cooling medium 115 that can be used to cool a vehicle system (machine translation [¶ 0013], [0038]; Fig. 7A). Klein is analogous art because their invention is concerned with the cooling performance for various vehicle systems [¶ 0014].
Klein further teaches their invention improves the use of installation space and provides a device integrated into the front bumper for cooling a motor vehicle which provides the largest possible heat exchange surface and additionally improves the stability of the front bumper in the event of a vehicle impact ([¶ 0010]). A person of ordinary skill in the art would have been motivated to modify Jiang’s vehicle such that their radiator 2 (first heat exchanger) was integrated into the front bumper, given that Klein teaches it is an advantageous option that efficiently uses installation space, provides a large heat exchange surface for cooling and improves the stability of the front bumper in the event of a vehicle collision. It would have also been reasonable to incorporate Klein’s teaching because Jiang teaches that the radiator 2 (first heat exchanger) controls heat exchange between the coolant and the air [¶ 0109] and that the coolant cooled by the radiator 2 returns to the fuel cell body 9 [¶ 0109]. Consequently, based on the forward direction of travel of the vehicle, the first heat exchanger would be located in the front bumper of the vehicle and therefore arranged in front of the second heat exchanger, which Jiang teaches as the radiator 22 installed above, to the side, or below each passenger cabin seat [¶ 0117].
Regarding claim 17, the combination above teaches the vehicle of claim 16. Jiang teaches the fuel cell vehicles can be used in commercial vehicles ([¶ 0004]), which are utility vehicles. Furthermore, it is obvious to a skilled artisan that a vehicle will have a function or utility, and thereby read on a utility vehicle. Additionally, “utility vehicle” is an intended use of the battery and does not impose a further structural limitation, and accordingly, no particular weight was given to the limitation. See, generally, MPEP 2114.
Regarding claim 18, the combination teaches the vehicle of claim 16 and Jiang further teaches there is a driver’s heating compartment heated by driver heater 23 in addition to the passenger compartment and that the radiator 22 connected to the output end of the driver’s heater is used to heat the passenger compartment, and can be installed above, to the side, or below each passenger cabin seat ([¶ 0119], [¶ 0147], [¶ 30]); accordingly, the radiator 22 (second heat exchanger) would be arranged behind where the driver sits, i.e. the driver’s cab.
Regarding claim 19, the combination teaches the vehicle of claim 16, and within the combination of prior art, the first heat exchanger is located in the front bumper of the vehicle and therefore would be arranged next to a vehicle front of the vehicle and next to a radiator grille of the vehicle, as taught by Klein of the combination ([¶ 0038]).
Regarding claim 20, the combination above teaches the vehicle of claim 16, and the combination of prior art further teaches the first heat exchanger is located in the front bumper of the vehicle (Klein [¶ 0038]), wherein the bumper is expected to be at the very front of the vehicle, and therefore, as seen in the forward direction of travel, arranged in front of the electrochemical cell,
Regarding claim 21, the combination teaches the vehicle of claim 16. Because the combination teaches that the first heat exchanger is located in the front bumper (Klein: [¶ 0038]), and the second heat exchanger is located in the passenger cabin, such as above or to the side of each passenger cabin seat ([¶ 0119], [¶ 0147], [¶ 30]), the second heat exchanger would accordingly be arranged higher with respect to the vehicle vertical direction than the first heat exchanger.
Regarding claim 23, the combination teaches the vehicle of claim 16, and Jiang further teaches wherein with respect to a coolant flow within the first coolant circuit (100), the exchange heat exchanger (4) is arranged upstream of the first heat exchanger (2) and downstream of the electrochemical cell (9), as disclosed in Fig. 2 and [¶ 0146].
Regarding claim 24, the combination above teaches the vehicle of claim 16, and the combination further teaches (a) the second coolant circuit is used for pre-cooling the first coolant circuit (Jiang teaches heat is transferred between the first coolant circuit and the second coolant circuit via the exchange heat exchanger 4 [¶ 00146]), which would pre-cool the first coolant circuit before it reaches the first heat exchanger 2); and (c) the second coolant circuit is thermally coupled to the electrochemical cell via the exchange heat exchanger and the first coolant circuit (Jiang teaches heat is transferred between the first coolant circuit and the second coolant circuit via the exchange heat exchanger 4, and at least some of the heat transferred originates from the fuel cell 9 [¶ 00146]).
Regarding claim 26, the combination above teaches the vehicle of claim 16 and Jiang of the combination further teaches wherein the first coolant circuit (100) is designed to dissipate heat from the electrochemical cell (fuel cell 9) to the second coolant circuit (300) by means of the exchange heat exchanger (4) in a first phase of the cooling (Jiang teaches in Fig. 2 the coolant in the first coolant circuit as first passing through exchange heat exchanger 4 and dissipating heat to the second coolant circuit 300 when valve 5 is open [¶ [0146]) and to dissipate it to the vehicle surroundings by means of the first heat exchanger in a second phase of the cooling (Jiang then teaches that after the coolant in the first coolant circuit 300 passes the exchange heat exchanger 4, the coolant passes through radiator 2, which exchanges heat with air in the vehicle surroundings [¶ 0109], which would correspond to a second phase of the cooling).
Additionally, the cooling design provided by Jiang can structurally perform the function capable to accomplishing the claimed limitation. The Courts have held that if the prior art structure is capable of performing the intended use, then it meets the claim. See In re Casey, 152 USPQ 235 (CCPA 1967); and In re Otto, 136 USPQ 458, 459 (CCPA 1963).
Regarding claim 27, the combination above teaches (a) the first heat exchanger in an air/coolant heat exchanger (Jiang teaches the radiator 2 controls heat exchange between the coolant and the air [¶ 0109]), (b) the second heat exchanger is an air/coolant heat exchanger (Jiang teaches heat exchange between radiator 22 (i.e., the second heat exchanger) and the passenger compartment, which suggests the heating of air in the compartment [¶ 0146]), and (c) the exchange heat exchanger is a coolant/coolant heat exchanger (Jiang teaches the coolant in heat exchanger 4 (i.e., the exchange heat exchanger) exchanges heat with the coolant of second coolant circuit 300 [¶ 0146]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GIGI LIN whose telephone number is (571)272-2017. The examiner can normally be reached Mon - Fri 8:30 - 6.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jeffrey T Barton can be reached at (571) 272-1307. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/G.L.L./ Examiner, Art Unit 1726
/BACH T DINH/ Primary Examiner, Art Unit 1726
02/06/2026