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 § 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.
Claims 9-11 and 15 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.
The term “substantially” in claims 9-11 are relative terms which renders the claim indefinite. The term “substantially” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
The term “proximal” in claim 15 is a relative term which renders the claim indefinite. The term “proximal” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Claim Rejections - 35 USC § 102
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 1-7, 9-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tonellato (US 2021/0325131).
Regarding claim 1, Tonellato teaches an oil temperature management assembly (16, Fig. 15, paragraph [0095]) fluidically connectable to an oil circulation system of an operating group of a vehicle (454, 446, Fig. 15, see paragraph [0095]), wherein said oil circulation system comprises an auxiliary heat exchanger (14, Fig. 15, paragraph [0094]), wherein the oil temperature management assembly comprises a primary heat exchanger and a fluidic support and connection module (12, Fig. 15, paragraph [0094]) comprising:
i) a module body (16, Fig. 15, paragraph [0094]), to which the primary heat exchanger is operatively connected (see at least Fig. 1), comprising:
an assembly inlet mouth fluidically connectable to a first oil duct of the oil circulation system through which the oil arriving from the operating group flows (86, Fig. 15, paragraph [0061], further see paragraph [0065] which notes 86 may act as an inlet as the flow can be reversed) and an assembly outlet mouth fluidically connectable to a second oil duct of the oil circulation system through which the oil flows towards the operating group (88, Fig. 15, paragraph [0065]);
a primary exchanger inlet mouth and a primary exchanger outlet mouth for fluidic connection of the primary heat exchanger and the module (90, 92, see paragraph [0062]), wherein the primary exchanger outlet mouth fluidically communicates with the assembly outlet mouth; an auxiliary mouth (94, paragraph [0063]);
ii) a thermostatic valve housed in the module body (386, Fig. 4, paragraph [0069]), in a thermostatic valve housing, fluidically connected to the assembly inlet mouth, the primary exchanger inlet mouth and the auxiliary mouth (see Fig. 4), wherein the thermostatic valve detects a temperature of the oil entering the module and is configurable with respect to a threshold temperature value in a primary configuration in which the thermostatic valve directs the oil towards the primary exchanger inlet mouth and in an auxiliary configuration in which the thermostatic valve directs the oil towards the auxiliary mouth (see paragraph [0070]);
iii) a bypass valve (354, Fig. 5D, paragraph [0090]), housed in the module body, in a bypass valve housing (354, Fig. 5D, paragraph [0090]), fluidically connected to the assembly inlet mouth and the thermostatic valve, wherein the bypass valve is fluidically connected to the assembly outlet mouth, wherein the bypass valve is normally in a closed configuration in which the oil flows entirely towards the thermostatic valve and is configurable in a bypass configuration (see paragraph [0091]),
when an oil flow having a pressure greater than a threshold pressure value flows, in which the oil flows directly towards the assembly outlet mouth (see paragraphs [0092]-[0093]).
Regarding claim 2, Tonellato teaches the oil temperature management assembly according to claim 1, wherein the thermostatic valve and the bypass valve operate as a function of the oil temperature and the oil pressure at the inlet of the module, respectively (see paragraph [0070], [0094], see claim 20).
Regarding claim 3, Tonellato teaches the oil temperature management assembly according to claim 1, wherein the thermostatic valve housing and the bypass valve housing are in fluidic communication by a connection passageway (see Fig. 5D).
Regarding claim 4, Tonellato teaches the oil temperature management assembly according to claim 1, wherein the thermostatic valve comprises a temperature-sensitive element (390, paragraph [0070]) and a shutter element moved by said temperature sensitive element, wherein the temperature-sensitive element is positioned at least partially between the assembly inlet mouth and the shutter element (394, paragraph [0070]).
Regarding claim 5, Tonellato teaches the oil temperature management assembly according to claim 4, wherein the thermostatic valve housing comprises a primary opening (86, Fig. 5B, see paragraph [0070] and an auxiliary opening (24, 26, paragraph [0079]), wherein in the primary configuration the shutter is positioned so as to open the primary opening and close the auxiliary opening, and wherein in the auxiliary configuration the shutter is positioned to close the primary opening and open the auxiliary opening, wherein the connection passageway is positioned closer to the assembly inlet mouth with respect to both the primary opening and the auxiliary opening (see paragraphs [0079]-[0080], further see paragraph [0083]).
Regarding claim 6, Tonellato teaches the oil temperature management assembly according to claim 1, wherein the thermostatic valve housing and the bypass valve housing extend parallel to each other (see Fig. 5D, the thermostatic valve housing and bypass valve housing extend vertically parallel in the Figure).
Regarding claim 7, Tonellato teaches the oil temperature management assembly according to claim 6, wherein the module body comprises a partition wall separating the thermostatic valve housing and the bypass valve housing, wherein the connection passageway is in said partition wall (430, Fig. 5D).
Regarding claim 9, Tonellato teaches the oil temperature management assembly according to claim 1, comprising a vertical axis and two longitudinal axes lying mutually orthogonal to one another (see Annotated Fig. A below), wherein the primary heat exchanger extends vertically parallel to said vertical axis, wherein the thermostatic valve extends substantially parallel to a longitudinal axis (see Fig. 4).
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Regarding claim 10, Tonellato teaches the oil temperature management assembly according to claim 9, wherein the module body comprises a primary section connecting the primary opening and the primary exchanger inlet mouth and comprises an auxiliary section connecting the auxiliary opening and the auxiliary mouth, wherein both the primary section and the auxiliary section extend substantially parallel to the vertical axis (see Fig. 4).
Regarding claim 11, Tonellato teaches the oil temperature management assembly according to claim 9, wherein the module body comprises an outlet section connecting the primary exchanger outlet mouth to the assembly outlet mouth, wherein said outlet section extends substantially parallel to the vertical axis (see Annotated Fig. .
Regarding claim 12, Tonellato teaches the oil temperature management assembly according to claim 1, wherein the module body comprises a bypass section connecting the bypass valve to the assembly outlet mouth (354, Fig. 5D, paragraph [0090]).
Regarding claim 13, Tonellato teaches the oil temperature management assembly according to claim 1, wherein the module body comprises a planar module face on which the exchanger inlet mouth and the exchanger outlet mouth are positioned (see Fig. 2).
Regarding claim 14, Tonellato teaches the oil circulation system of an operating group of a vehicle, wherein said oil circulation system comprises an auxiliary heat exchanger and a temperature management assembly claim 1 (see paragraph [0095]).
Regarding claim 15, Tonellato teaches the oil temperature management assembly according to claim 1, wherein the thermostatic valve housing and the bypass valve housing are in fluidic communication by a connection passageway positioned proximal to the assembly inlet mouth with respect to the thermostatic valve (see Fig. 2).
Regarding claim 16, Tonellato teaches the oil temperature management assembly according to claim 1, wherein the auxiliary mouth is fluidically connectable to an auxiliary oil duct of the oil circulation system, in which the oil flows towards the auxiliary heat exchanger (see paragraph [0080]).
Regarding claim 17, Tonellato teaches the oil temperature management assembly according to claim 1, wherein the module body comprises a bypass section connecting the bypass valve to the outlet section (354, Fig. 5D, paragraph [0090]).
Regarding claim 18, Tonellato teaches the oil temperature management assembly according to claim 1, wherein the module body comprises a planar module face on which the exchanger inlet mouth and the exchanger outlet mouth are positioned, wherein the primary heat exchanger is sealingly fixed to said planar module face (see Fig. 2).
Regarding claim 19, Tonellato teaches the oil temperature management assembly according to claim 1, wherein the operating group of a vehicle comprises an engine group or a transmission group or a gearbox group (see paragraph [0095]).
Regarding claim 20, Tonellato teaches the oil temperature management assembly according to claim 15, wherein the operating group of a vehicle comprises an engine group or a transmission group or a gearbox group (see paragraph [0095]).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Tonellato in view of FOR1 (KR101016190B1).
Regarding claim 8, Tonellato teaches the oil temperature management assembly according to claim 1, but does not teach the module body comprises a valve insertion hole in which the bypass valve is insertable, comprising a closure plug suitable for closing said insertion hole.
FOR1 teaches a bypass valve for a vehicle (FOR1, Title) which features an insertion hole that fixes the bypass valve (FOR1, Description), with a locking cap provided with the insertion hole (FOR1, Description). It would have been obvious to one of ordinary skill in the art, prior to the effective filing date, to provide Tonellato with an insertion hole with a closure plug for the insertion of the bypass valve, as taught by FOR1, in order to provide greater security of the apparatus.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NAEL N BABAA whose telephone number is (571)270-3272. The examiner can normally be reached M-F, 9-5 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jerry-Daryl Fletcher can be reached at (571)-270-5054. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NAEL N BABAA/Primary Examiner, Art Unit 3763