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 .
Response to Amendment
This Office action is in response to the reply filed on July 17, 2026.
Receipt and entry of the amended abstract, amendments to the specification, and amended claims filed on July 17, 2026 are acknowledged.
Claims 1 through 16 are pending, and are all as amended either directly or indirectly via the amendments filed on July 17, 2026.
Response to Arguments
Applicant's arguments filed on July 17, 2026 have been fully considered but they are generally not persuasive.
Applicant has stated that the claims have been amended in order to obviate the previously cited indefiniteness rejections of the claims. While applicant’s amendments have indeed obviated the previously cited indefiniteness rejections of the claims, applicant’s amendments to the claims have also introduced new indefiniteness issues into the claims as noted in greater detail below.
In response to applicant's argument that the Calderone reference fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., that, “in the section from the compressor (30) to the first heat exchanger (40, the first fluid completely bypasses the manifold plate (1)”) are not recited in the rejected claim(s). In particular, the claims fail to recite a bypass structure (or any other specific structure for that matter) corresponding to ensuring that the first fluid flows directly between the compressor and the first heat exchanger without passing through the fluid flow path formed in the manifold plate as newly recited by claim 1. Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Applicant has further stated that “Calderone neither discloses nor suggests this structural configuration and its attendant technical advantage”. In response, it is respectfully noted that not only is “this structural configuration” (i.e., bypass) not recited in the pending claims, but it is also not disclosed nor clearly suggested by the disclosure of the instant application.
Applicant's arguments thus fail to comply with 37 CFR 1.111(b) because they amount to a general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the references.
Applicant's arguments thus also do not comply with 37 CFR 1.111(c) because they do not clearly point out the patentable novelty which he or she thinks the claims present in view of the state of the art disclosed by the references cited or the objections made. Further, they do not show how the amendments avoid such references or objections.
Drawings
The drawings are objected to under 37 CFR 1.83(a) because they fail to show exactly how the compressor 30 and the first heat exchanger 40 are partially coupled (emphasis added) to the manifold plate 1 “so that the first fluid directly flows without connection through the manifold plate 1” as described in the specification in paragraph [52]. Applicant has amended base claim 1 to recite that “the first fluid flows directly between the compressor and the first heat exchanger without passing through the fluid flow path formed in the manifold plate” without clearly showing the flow path between the compressor and the first heat exchanger such that first fluid flows directly therebetween without passing through the fluid flow path formed in the manifold plate, Any structural detail that is essential for a proper understanding of the disclosed invention should be shown in the drawing. MPEP § 608.02(d). Corrected drawing sheets in compliance with 37 CFR 1.121(d) 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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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
Applicant is reminded of the proper content of an abstract of the disclosure.
A patent abstract is a concise statement of the technical disclosure of the patent and should include that which is new in the art to which the invention pertains. The abstract should not refer to purported merits or speculative applications of the invention and should not compare the invention with the prior art.
If the patent is of a basic nature, the entire technical disclosure may be new in the art, and the abstract should be directed to the entire disclosure. If the patent is in the nature of an improvement in an old apparatus, process, product, or composition, the abstract should include the technical disclosure of the improvement. The abstract should also mention by way of example any preferred modifications or alternatives.
Where applicable, the abstract should include the following: (1) if a machine or apparatus, its organization and operation; (2) if an article, its method of making; (3) if a chemical compound, its identity and use; (4) if a mixture, its ingredients; (5) if a process, the steps.
Extensive mechanical and design details of an apparatus should not be included in the abstract. The abstract should be in narrative form and generally limited to a single paragraph within the range of 50 to 150 words in length.
See MPEP § 608.01(b) for guidelines for the preparation of patent abstracts.
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
The abstract of the disclosure is objected to because it does not avoid phrases which can be implied (i.e., “Provided is”--note that the first sentence of an abstract need not be a complete sentence) and because it is not presented on a separate sheet apart from any other text as required A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Upon careful reconsideration in view of the amendments filed on July 17, 2026, the disclosure is objected to because of the following informalities: paragraph [52] states that the compressor 30 and the first heat exchanger 40 are partially coupled (emphasis added) to the manifold plate 1 “so that the first fluid directly flows without connection through the manifold plate 1”, however the specification fails to clearly set forth a clear and complete description of the “partial” coupling between the compressor and the first heat exchanger and what is intended to be encompassed thereby. What does it mean for two or more elements to be “partially coupled” as opposed to being fully or completely coupled? Does being “partially coupled” mean that the only a portion of one element is coupled to only a portion of another element or to mean that the coupling between the elements is intermittent (i.e., occurring some of the time or periodically but not all of the time during use and operation of the inventive apparatus) or to mean that the elements are incompletely connected to each other or to mean something else? Appropriate correction is required.
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: the specification lacks any proper antecedent basis for the newly recited “first temperature state” and “second temperature state” appearing in claim 11 (and in claim 12 depending therefrom).
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1 through 16 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claims contain subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Base claim 1 has been amended to additionally recite the limitations “wherein the first fluid flows directly between the compressor and the first heat exchanger without passing through the fluid flow path formed in the manifold plate”. While the originally filed disclosure does state that “the first fluid may move through a directly connected flow path without passing through the manifold plate 1 in a process in which the first fluid moves from the compressor 30 to the first heat exchanger 40” in paragraph [51], that compressor 30 and the first heat exchanger 40 are “partially coupled” to the manifold plate “so that the first fluid directly flows without connection through the manifold plate 1” in paragraph [52]. However, the drawings and the remainder of the related descriptive material in the specification fail to show and fail to clearly explain how the compressor and the first heat exchanger are directly connected to each other while being “partially coupled” to the manifold plate so that the first fluid flows without passing through the fluid flow path formed in the manifold plate as now recited in the claims. Therefore, it is not clear that the applicant had possession of the structural details of the inventive manifold fluid module as now recited in base claim 1 and in all claims depending therefrom and the written description requirement has not been met.
Additionally, claim 11 (and claim 12 depending therefrom) has been amended to recite “a first temperature state” and “a second temperature state lower than the first temperature state”; however, there is no mention of either a first temperature state or of a second temperature state in the originally filed disclosure. Therefore, it is not clear that the applicant had possession of the structural details of the inventive manifold fluid module as now recited in claims 11 and 12 and the written description requirement has not been met.
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 through 16 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.
Base claim 1 has been amended to additionally recite the limitations “wherein the first fluid flows directly between the compressor and the first heat exchanger without passing through the fluid flow path formed in the manifold plate”. However, absent a clear illustration in the drawings and absent a clear corresponding description in the original disclosure it is not at all clear which particular structure or structures are intended to be encompassed by the aforementioned added limitations in the claims, thus rendering indefinite the metes and bounds of protection sought by the claim and by all claims depending therefrom.
Claim 11 newly recites the limitations “the first fluid at a first temperature state and the first fluid at a second temperature state lower than the first temperature state”. Is each of the first temperature state and of the second temperature state merely intended to refer to a first temperature and a second temperature (i.e., in which case, the term “state” is not necessary and should be deleted from each occurrence)? Or is each of the first temperature state and of the second temperature state intended to refer to a particular temperature-dependent state or set of conditions? Thus, absent a corresponding written description and/or illustration in the original disclosure, it is not entirely clear what is intended to be encompassed either by the first temperature state or by the second temperature state as newly recited, thus further rendering indefinite the metes and bounds of protection sought by claim 11 and by claim 12 depending therefrom.
Any claim not specifically rejected is at least rejected as being dependent on a rejected claim.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
As best can be understood in view of the indefiniteness of the claims, claims 1 through 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Calderone (U.S. Publication No. US 2019/0039440 A1; made of record via IDS).
With regard to claim 1 of the instant application, Calderone (especially Figures 2 through 5, 7, and 8) discloses a manifold fluid module 200 comprising: a manifold plate 202 in which a fluid flow path is formed (i.e., see Figure 5); a compressor 204 coupled to the manifold plate 202; and a first heat exchanger 206 (i.e., see Figure 2 and paragraph [0036]) which is coupled to the manifold plate 202, is connected to directly receive a first fluid flowing out of the compressor 204, and exchanges heat between the first fluid and a second fluid, wherein the compressor 204 is coupled to one surface of the manifold plate 202, and the first heat exchanger 206 is coupled to a second surface of the manifold plate 202 (i.e., to the opposite side from the side of the manifold plate 202 on which the compressor 204 is mounted), the compressor 204 has a first fluid inlet port and a first fluid outlet port (i.e., the first fluid inlet and the first fluid outlet ports being readable on port 236 as described in paragraphs [0044] and [0054] as well as on an inherently present second port, not shown, a compressor inherently and necessarily including an inlet port and an outlet port), the first heat exchanger 206 has a first fluid inlet port and a first fluid outlet port (i.e., readable on ports 228, see Figure 4 and paragraph [0046]), and any one of the first fluid inlet port or the first fluid outlet port of the compressor 204 is directly connected to and in communication with any one of the first fluid inlet port 228 or the first fluid outlet port 228 of the first heat exchanger 206 (i.e., see at least paragraphs [0044], [0046], and [0054]). Note that the newly added limitations in the last two lines of base claim 1 are both unclear with regard to the intended scope of protection sought thereby as previously noted above in greater detail and appear to be purely functional and/or intended use limitations without any particular additional structural elements being clearly and positively recited thereby.
With regard to claim 2 of the instant application, Calderone discloses the manifold fluid module 200 of claim 1, wherein the first fluid outlet port of the compressor 204 is directly connected to (i.e., via the manifold plate 202, as in the instant application) and in communication with the first fluid inlet port 228 of the first heat exchanger 206 (i.e., via the fluid manifold plate 202).
With regard to claim 3 of the instant application, Calderone discloses the manifold fluid module 200 of claim 1, wherein the first inlet port of the compressor 204 is coupled to one surface of the manifold plate 202, and the first fluid outlet port 228 of the first heat exchanger 206 is coupled to the second surface of the manifold plate 202 (i.e., as shown in at least Figures 2, 4, 8).
With regard to claim 4 of the instant application, Calderone discloses the manifold fluid module 200 of claim 1, further comprising a second heat exchanger 226 coupled to the manifold plate 202 and exchanging heat between the first fluid (i.e., refrigerant), which flows out of the first heat exchanger 206, and the second fluid (i.e., chilled water/coolant).
With regard to claim 5 of the instant application, Calderone discloses the manifold fluid module 200 of claim 4, wherein the exchanging of the heat is performed by allowing the first fluid to flow into a first end and move to a second end opposite the first end in the first heat exchanger 206 and allowing the first fluid to flow into a second end and move to a first end opposite the second end in the second heat exchanger 226 (i.e., at least as shown in Figure 4).
With regard to claim 6 of the instant application, Calderone discloses the manifold fluid module 200 of claim 4, wherein the first fluid inlet port 228/230 and the first fluid outlet port 228/230 for inflow and outflow of the first fluid are provided on a first surface of each of the first heat exchanger 206 and the second heat exchanger 226, and the second fluid inlet port 228/230 and the second fluid outlet port 228/230 for inflow and outflow of the second fluid are provided on a second surface opposite the first surface of each of the first heat exchanger 206 and the second heat exchanger 226 (i.e., at least as shown in Figure 4).
With regard to claim 7 of the instant application, Calderone discloses the manifold fluid module 200 of claim 6, wherein the first fluid inlet port 228/230 and the first outlet port 228/230 are directly connected to the fluid flow path of the manifold plate 202, and the second fluid inlet port 228/230 and the second fluid outlet port 228/230 are provided outside the first heat exchanger 206 and the second heat exchanger 226 (i.e., at least as shown in Figure 4).
With regard to claim 8 of the instant application, Calderone discloses the manifold fluid module 200 of claim 6, wherein the first fluid inlet ports 228/230 are disposed on first end portions of the first heat exchanger 206 and the second heat exchanger 226, and the first fluid outlet ports 228/230 are disposed on second end portions of the first heat exchanger 206 and the second heat exchanger 230 (i.e., at least as shown in Figure 4).
With regard to claim 9 of the instant application, Calderone discloses the manifold fluid module 200 of claim 6, wherein the second fluid inlet ports 228/230 are disposed on second end portions of the first heat exchanger 206 and the second heat exchanger 226, and the second fluid outlet ports 228/230 are disposed on first end portions of the first heat exchanger 206 and the second heat exchanger 226 (i.e., at least as shown in Figure 4).
With regard to claim 10 of the instant application, Calderone discloses the manifold fluid module 200 of claim 4, wherein fastening parts (i.e., ports 230) for coupling with the manifold plate 202 are formed to extend from a first end portion and a second end portion opposite the first end portion of the second heat exchanger 226 (i.e., see at least Figure 4).
With regard to claim 11 of the instant application, Calderone discloses the manifold fluid module 200 of claim 1, wherein at least one opening 238 is formed in the manifold plate 202 to avoid thermal interference between the first fluid at a first temperature state and first fluid at a second temperature state (i.e., at least as shown in Figure 5).
With regard to claim 12 of the instant application, Calderone discloses the manifold fluid module 200 of claim 11, wherein the opening 238 is formed adjacent to a flow path of the first fluid flowing into the compressor 204 (i.e., at least as shown in Figure 5), with the compressor 204 being attached via port 236.
With regard to claim 13 of the instant application, Calderone discloses the manifold fluid module 200 of claim 4, wherein a third heat exchanger 222 (i.e., see at least paragraph [0038]) and an accumulator/receiver-drier 210 are coupled to the manifold plate 202, wherein the third heat exchanger 222 exchanges heat between the first fluid, which flows out of the first exchanger 206, and the second fluid, and the accumulator/receiver-drier 210 divides the first fluid, which passes through the second heat exchanger 222, into a gaseous fluid and a liquid fluid.
With regard to claim 14 of the instant application, Calderone discloses the manifold fluid module 200 of claim 13, wherein the first heat exchanger 206 is disposed on a first side of the manifold plate 202, the second heat exchanger 226 and the third heat exchanger 222 are disposed on a second side opposite the first side (i.e., the sides being respectively the left side and the right side as shown in Figures 4 and 8, for example), and the accumulator/receiver-drier 210 is disposed between the first heat exchanger 206 and the second and third heat exchangers 222/226 (i.e., the accumulator/receiver-drier 210 is shown nestled among the various heat exchangers 206/222/226 in at least Figure 8).
With regard to claim 15 of the instant application, Calderone discloses the manifold fluid module 200 of claim 13, wherein the first heat exchanger 206 is a water-cooled condenser (i.e., see Figure 2 and paragraphs [0036] and [0038]), the second/third heat exchanger 222 is a is a water-cooled evaporator (i.e., see Figure 2 and paragraphs [0036] and [0038]), and the second/third heat exchanger 226 is a chiller (i.e., see Figure 4 and paragraphs [0036] and [0038]).
With regard to claim 16 of the instant application, Calderone discloses the manifold fluid module 200 of claim 15, wherein the second fluid, which exchanges heat in the water-cooled condenser 206, performs indoor heating of a vehicle, the second fluid, which exchanges heat in the water-cooled evaporator 222, performs indoor cooling of the vehicle, and the second fluid, which exchanges heat in the chiller 226, cools a battery. Note that the aforementioned limitations in claim 16 are intended use limitations without any particular additional structural elements being positively recited by the claim.
The reference thus reads on the claims.
Conclusion
The additional related and/or prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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 LJILJANA V CIRIC whose telephone number is (571)272-4909. The examiner can normally be reached Monday-Saturday, flexible.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Len Tran can be reached at 571-272-1184. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Ljiljana V. Ciric/Primary Examiner, Art Unit 3763
LJILJANA (Lil) V. CIRIC
Primary Examiner
Art Unit 3763
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