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 Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“a valve opening degree unit” in claim 1.
“a first inflow temperature detection unit” in claim 1.
“a second inflow temperature detection unit” in claim 1.
“an outflow temperature detection unit” in claim 1.
“a mixing control unit” in claim 1.
“a target outflow temperature calculation unit” in claim 1.
“a flow ratio calculation unit” in claim 1.
“an opening degree correction coefficient calculation unit” in claim 1.
“a target flow ratio calculation unit” in claim 1.
“a target opening degree calculation unit” in claim 1.
“a valve drive unit” in claim 1.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 1-15 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.
Claim 1 recites the limitation "when the temperature of the second in-vehicle device needs to be adjusted". This limitation is unclear and confusing because is unclear what are the meets and bounds of the claim since there is nothing in the claim that defines what is the scope of “need”.
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claim 1 provisionally rejected under 35 U.S.C. 101 as claiming the same invention as that of claim 1 of copending Application No. 18/731,646 (reference application). This is a provisional statutory double patenting rejection since the claims directed to the same invention have not in fact been patented.
Re claim 1, in view of copending Application No. 18/731,646 claim 1-2.
18/733,983 (current application)
18/731,646 (copending application)
a first temperature adjustment circuit circulating a heat medium as a first heat medium to adjust a temperature of a first in-vehicle device;
a first temperature adjustment circuit causing a first pump to circulate a heat medium as a first heat medium to adjust a temperature of a first in-vehicle device;
a second temperature adjustment circuit circulating the heat medium as a second heat medium to adjust a temperature of a second in-vehicle device;
a second temperature adjustment circuit causing a second pump to circulate the heat medium as a second heat medium to adjust a temperature of a second in-vehicle device;
a mixing valve mixing the first heat medium flowing in from the first temperature adjustment circuit and the second heat medium flowing in from the second temperature adjustment circuit, at a ratio corresponding to an opening degree, to flow out to each of the first temperature adjustment circuit and the second temperature adjustment circuit as a mixed heat medium;
a mixing valve mixing the first heat medium flowing in from the first temperature adjustment circuit and the second heat medium flowing in from the second temperature adjustment circuit, at a ratio corresponding to an opening degree, to flow out to each of the first temperature adjustment circuit and the second temperature adjustment circuit as a mixed heat medium;
a valve opening degree detection unit detecting the opening degree of the mixing valve;
a valve opening degree detection unit detecting the opening degree of the mixing valve;
a first inflow temperature detection unit detecting, as a first inflow temperature, a temperature of the first heat medium flowing in from the first temperature adjustment circuit to the mixing valve;
a first inflow temperature detection unit detecting, as a first inflow temperature, a temperature of the first heat medium flowing in from the first temperature adjustment circuit to the mixing valve;
a second inflow temperature detection unit detecting, as a second inflow temperature, a temperature of the second heat medium flowing in from the second temperature adjustment circuit to the mixing valve;
a second inflow temperature calculation unit calculating, as a second inflow temperature, a temperature of the second heat medium flowing in from the second temperature adjustment circuit to the mixing valve, based on the first inflow temperature, the outflow temperature, and the flow ratio,
an outflow temperature detection unit detecting, as an outflow temperature, a temperature of the mixed heat medium flowing out from the mixing valve to the second temperature adjustment circuit; and
an outflow temperature detection unit detecting, as an outflow temperature, a temperature of the mixed heat medium flowing out from the mixing valve to the second temperature adjustment circuit; and
a mixing control unit performing opening degree control on the mixing valve to mix the first heat medium and the second heat medium when the temperature of the second in-vehicle device needs to be adjusted, wherein the mixing control unit includes
a mixing control unit performing opening degree control on the mixing valve to mix the first heat medium and the second heat medium when the temperature of the second in-vehicle device needs to be adjusted, wherein the mixing control unit includes
a target outflow temperature calculation unit calculating, as a target outflow temperature, a target value of the outflow temperature based on at least the temperature of the second in-vehicle device,
a target outflow temperature calculation unit calculating, as a target outflow temperature, a target value of the outflow temperature based on at least the temperature of the second in-vehicle device,
a flow ratio calculation unit calculating, as a flow ratio, a ratio of the first heat medium contained in the mixed heat medium flowing out from the mixing valve to the second temperature adjustment circuit, based on the first inflow temperature, the second inflow temperature, and the outflow temperature,
a flow ratio calculation unit calculating, as a flow ratio, a ratio of the first heat medium contained in the mixed heat medium flowing out from the mixing valve to the second temperature adjustment circuit, based on a rotational speed of the first pump, a rotational speed of the second pump, and the opening degree of the mixing valve, … when the flow rate ratio is R, the first inflow temperature is Tin1, the second inflow temperature is Tin2, and the outflow temperature is Tout (claim 2)
an opening degree correction coefficient calculation unit calculating an opening degree correction coefficient defining a relationship between the flow ratio and the opening degree, based on the flow ratio and the opening degree of the mixing valve
an opening degree correction coefficient calculation unit calculating an opening degree correction coefficient defining a relationship between the flow ratio and the opening degree, based on the flow ratio and the opening degree of the mixing valve
a target flow ratio calculation unit calculating, as a target flow ratio, a target value of the flow ratio based on the first inflow temperature, the second inflow temperature, and the target outflow temperature,
a target flow ratio calculation unit calculating, as a target flow ratio, a target value of the flow ratio based on the first inflow temperature, the second inflow temperature, and the target outflow temperature,
a target opening degree calculation unit calculating a target opening degree of the mixing valve based on the opening degree correction coefficient and the target flow ratio, and a valve drive unit performing opening degree control on the mixing valve based on the target opening degree.
a target opening degree calculation unit calculating a target opening degree of the mixing valve based on the opening degree correction coefficient and the target flow ratio, and a valve drive unit performing opening degree control on the mixing valve based on the target opening degree.
Allowable Subject Matter
Claims 2-15 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. (see PTO-892).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NELSON NIEVES whose telephone number is (571)270-0392. The examiner can normally be reached Monday to Friday 9am to 5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Frantz Jules can be reached at 571-272-6681. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NELSON J NIEVES/Primary Examiner, Art Unit 3763 2/18/2026
/FRANTZ F JULES/Supervisory Patent Examiner, Art Unit 3763