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 .
Information Disclosure Statement (IDS)
The prior art Ludwig et al. (DE 102019130952 A1) has been struck–through on the Applicant’s IDS dated 04/23/2024. Ludwig will instead be included on PTO-892 and will be a full translation of the patent.
Election/Restrictions
The restriction issued on 09/03/2025 is improper and has been withdrawn.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: mechanical output axis, distributor body, return means and axis of rotation
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: “YZ.”
The drawings are objected to because there is no reference number in Figs. 2–4 for the position. Although Applicant has included the position sensor in Fig. 1, it is difficult to understand its physical location with the other components.
Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities:
The following elements do not have consistent names throughout the Specification:
mechanical output axis
distributor body
return means
axis of rotation
Appropriate correction is required.
Claim Objections
Claim 1 is objected to because of the following informalities: there is a “d” in line 4. Claims 6 and 7 are objected to under 37 CFR 1.75(c) as being in improper form because a multiple dependent claim of 4 and 5. See MPEP § 608.01(n). Accordingly, the claim 6 has not been further treated on the merits. Furthermore, because of the dependency of claim 7 to claim 6 has not been further treated on the merits.
Claim 16 is objected to under 37 CFR 1.75 as being a substantial duplicate of claim 1. Particularly the limitation “a system for controlling the distribution of said.” When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m).
Appropriate correction is required.
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 1–20 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 1, lines 4 and 9 include the letter “d.” It is unclear as to what the inventor is seeking to claim. In order move prosecution forward. The Examiner will assume this is a typo.
Claim 5 recites the limitation "electronic means" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Regarding claims 10 and 20, the phrase "for example" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Claims 11, 13 and 15 are rejected because it is unclear from both the Drawings and the Specification which axis is the axis of rotation or the location of the axis of rotation in the figures.
Claim 11, throughout the claim the Applicant describes the “an axis of rotation” as being a physical and mechanical element. However, an axis is a fixed point of reference. It is unclear as to what the Applicant intends when using this language. Claims 13 has the same issue.
In Claim 15 the Applicant describes the “an axis of rotation” and “an axis” as being a physical and mechanical elements. However, an axis is a fixed point of reference. It is unclear as to what the Applicant intends when using this language.
Claim 18 recites the limitation "the method" in line 1. There is insufficient antecedent basis for this limitation in the claim.
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.
Claim(s) 1–3, 5, 8, 10, 12 ,14 and 16–20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ludwig et al. (DE 102019130952 A1).
Regarding Claim 1, Ludwig discloses a system for controlling the distribution of a fluid in a hydraulic circuit, including: a motor (51); a plurality of rotary distributors (1); of said fluid, each distributor including a body (7), rotating in a plane (Fig. 3), said body (7) including at least one inlet (64) and at least one outlet (65), the sum of the number of inlets and the number of outlets being greater than or equal to 3 (Fig. 3), a mechanical output axis (R2) of each distributor (Fig. 3 where the entire Fig. illustrates a single distributor) extending in a direction perpendicular to said plane (Fig. 3); a plurality of gear trains (13/15/19), each train ensuring the transmission of the movement of the motor (51) to one of said rotary distributors (Fig. 3, as seen in Fig. 2), called associated rotary distributor (Fig. 1, where the associated rotary distributor are the four rotary distributors), each gear train (15/19) including means, including an actuator (21), for engaging or disengaging (where engaging is when the output shaft 53 is moving and disengaging when the output shaft is stationary) the associated rotary distributor (Fig. 3 where the entire Fig. illustrates a single distributor), relative to the gear train (15/17), said actuator (15/17) moving along the axis defined by the mechanical output axis (R2) of the distributor (Fig. 3 where the entire Fig. illustrates a single distributor).
Regarding Claim 2, Ludwig discloses each gear train including at least two gear stages: a first stage of gears (13/15/19), each gear of which is driven by said motor (51); a second stage of gears (13/15/19), each gear of which is driven by the first stage (Fig. 2), a gear (13/15/19) being provided with means for engaging it or disengaging it (where engaging is when the gears are moving and disengaging when the gears are stationary).
Regarding Claim 3, Ludwig discloses each rotary distributor (Fig. 3 where the entire Fig. illustrates a single distributor); including nei inlets (65) and nsi outlets (65 and Fig. 3, where multiple inlets/outlets are shown).
Regarding Claim 5, Ludwig discloses electronic means for controlling the motor (Paras. 1, 8 and 37, where the system is located in a vehicle).
Regarding Claim 8, Ludwig discloses hydraulic circuit being a distribution circuit for a fluid in a cooling circuit or an oil or hydrogen distribution circuit of a vehicle (Para. 7).
Regarding Claim 10, Ludwig discloses the means for engaging or disengaging each rotary distributor including an actuator (35/37/39), of electromagnetic (Para. 73).
Regarding Claim 12, Ludwig discloses the actuator being capable, when actuated, of compressing the return means (Para. 39).
Regarding Claim 14, Ludwig discloses further including braking means; for braking the distributor when it is disengaged (Para. 39).
Regarding Claim 16, Ludwig discloses a fluid in a hydraulic circuit, including: at least one pump; a system for controlling the distribution of said fluid according to claim 1 (Para. 60, where this valve is located within a vehicle’s system and it is inherent that a vehicle uses pumps and electrically controlled systems in order to function).
Regarding Claim 17, Ludwig discloses a vehicle including a thermal and/or electric engine, at least one hydraulic circuit and at least one fluid distribution system in the hydraulic circuit according to claim 16 (Para. 60).
Regarding Claim 18, Ludwig discloses a method for controlling the distribution of a fluid in a hydraulic circuit using a system according to claim 1, including: selecting one or more rotary distributors to be actuated (Para. 60, where the flow is adjusted by the change in position of the rotary distributor); actuating said distributor(s) using the motor and the means for engaging this/these distributor(s), Para. 60.
Regarding Claim 19, Ludwig discloses including the selection or determination of a direction and/or an angle of rotation of one or more distributors to be actuated and the actuation of said rotary distributor(s) in this direction and/or this angle of rotation (Paras. 60 and 68, where in order to control the fluid flow, the adjustment of the rotary distributor and thus the direction and/or an angle of rotation of the rotary distributor must be known).
Regarding Claim 20, Ludwig discloses at least one of following the fluid is water or oil or glycol or a gas (Para. 9, where the fluid is water).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 4, 6–7 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ludwig et al. (DE 102019130952 A1) in view of Taupeau et al. (US PGPub 20210066999 A1).
Regarding Claim 4, Ludwig is silent about the presence of a position sensor.
Taupeau teaches a position sensor located on a valve’s motor shaft in order to determine the valve position as well as ensure that the valve is properly working (Paras. 27 and 82).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the rotary distributor of Ludwig with a position sensor as taught by Taupeau in order to determine the position of the rotary distributor.
Per the Ludwig–Taupeau combination a position sensor is located on the output shaft of the gear motor.
Because Taupeau teaches a shaft on a single valve motor it then makes sense that the Ludwig–Taupeau combination teaches each rotary distributors (Ludwig 3); including a position sensor (Taupeau Paras. 27 and 82).
Regarding Claim 6, the Ludwig–Taupeau combination teaches each rotary distributor (Ludwig Fig. 3 where the entire Fig. illustrates a single distributor) including a position sensor (Taupeau Paras. 27 and 82), said electronic means being capable of controlling the motor (Ludwig 51) according to a signal or signals from one or more of said position sensors (Taupeau Para. 82).
Regarding Claim 7, the Ludwig–Taupeau combination teaches the electronic means being capable of: receiving an operating mode instruction (Ludwig Para. 9, where the operating mode is to supply or discharge the fluid in the rotary distributor); determining a target position (Ludwig Para. 2, where the target position is the position required to satisfy the flow rate of the cooling system) of each of the rotary distributors (Ludwig Fig. 3 where the entire Fig. illustrates a single distributor); controlling the motor (Ludwig 51) and the means for engaging or disengaging (Ludwig Para. 35, where the rotary distributor is rotated to the target position when the rotary distributor is engaged) each rotary distributor according to the target position of each of the rotary distributors (Ludwig Fig. 3 where the entire Fig. illustrates a single distributor).
Regarding Claim 9, Ludwig is silent about the type of motor utilized.
Taupeau teaches the motor being a brushless motor in order to minimize the space in which the motor takes up (Para. 86).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the motor of Ludwig with a brushless motor as taught by Taupeau in order to decrease the space in which the motor uses and decrease the wear on the motor by decreasing the number of gears needed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Piccirilli et al. (USPN 6539899 B1), Hayashi et al. (USPN 8881693 B2) and Yu et al. (USPN 20170059055 A1) disclose a multiway valve in a vehicle. Clifford (USPN 2127679 ) discloses a multiway valve that is engaged using a spring force.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Angelisa L. Hicks whose telephone number is 571-272-9552 and email is Angelisa.Hicks@USPTO.gov. The examiner can normally be reached Monday-Friday (9:30AM-5:00PM EST).
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Craig Schneider can be reached at 571-272-3607 or Kenneth Rinehart can be reached at 571-272-4881. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Angelisa L. Hicks/
Primary Examiner
Art Unit 3753